Morris County NJ Prenuptial Agreement Attorneys
Assisting Clients with Prenuptial Agreements throughout New Jersey
Prenuptial agreements can be complicated to consider and to discuss with the person you intend to marry; however, reaching a mature agreement before marriage can facilitate both parties’ understandings of their responsibilities and expectations, ultimately strengthening the relationship moving forward. New Jersey law recognizes prenuptial agreements because they allow married couples to set their own legal boundaries and to protect their assets and interests as they enter into a marriage. If you have gone through a divorce in the past or have observed another person’s contentious divorce, consider how things might have gone differently if an existing prenuptial agreement had been in place. Overall, a prenuptial agreement by no means diminishes your feelings or your confidence in your relationship. On the contrary, it demonstrates your commitment to maintaining security for yourself and your future spouse, regardless of where life takes you.
At Townsend, Tomaio & Newmark, L.L.C., in Morristown, New Jersey, our seasoned divorce and family law attorneys help clients negotiate and draft legally sound prenuptial agreements. Prenuptial agreements in New Jersey have a recognized legal status, but there are statutory criteria that must be satisfied in order for a prenuptial agreement to be valid. If those criteria are met, the prenuptial agreement is binding for both parties, even if it reflects a different arrangement that would typically be executed under New Jersey family law. Our lawyers understand the criteria for valid prenuptial agreements and will work to ensure that your agreement is legally binding and directly aligned with your needs and priorities. If you are considering a prenuptial agreement in New Jersey or have questions regarding these agreements, contact us to schedule a free initial consultation.
Prenuptial Agreements in New Jersey
As mentioned previously, there are certain statutory criteria that must be met in order for a prenuptial agreement to be considered valid in New Jersey. Under New Jersey’s Uniform Premarital Agreement Act (UPAA), enacted in 1988, both parties who enter into a prenuptial agreement must:
- Enlist independent legal counsel;
- Disclose all of their assets;
- Voluntarily enter into the prenuptial agreement; and
- Be provided with adequate time to evaluate all of the terms of the agreement before signing.
Issues to Address in Your New Jersey Prenuptial Agreement
Among the many matters that can be addressed in a New Jersey, Prenuptial Agreement is the division of assets, duration and/or amount of alimony payments, child custody arrangements (particularly for those who have children from a previous relationship), and allocation or protection of business interests. In your prenuptial agreement, you may want to include provisions related to:
- Residences and other real estate properties
- Business Assets
- Investment accounts, stocks, bonds, and other financial holdings
- Amount, duration, or waiver of alimony
- Child custody arrangements
Should You Consider a New Jersey Prenuptial Agreement?
Due to our extensive experience with divorce in New Jersey, we advise all couples to consider prenuptial agreements before they are married. With these agreements, there is very little downside, as they begin conversations between you and your partner about significant issues that may affect your future and allow you to come to agreements that may or may not ever be necessary to address again. If your prenuptial agreement becomes a necessity in the future, you will be happy you had it in place. If it does not, you took the necessary steps to plan for the worst case scenario. In certain cases, prenuptial agreements are even more essential and valuable. It is highly advisable to consider a prenuptial agreement if you meet any of the following criteria:
- Were previously married;
- Are a parent to children from a previous relationship;
- Are a business owner;
- Are likely to receive an inheritance or large sum of money in the future;
- Are the recipient of a trust;
- Have significantly greater assets than your future spouse;
- Have substantially higher income than your future spouse; or
- If your future spouse has incurred a large amount of debt.
Prenuptial agreements may also be useful to same-sex couples. Our attorneys have significant experience drafting prenuptial agreements for same-sex couples in New Jersey and will be pleased to answer your questions regarding these arrangements.
Benefits of Prenuptial Agreements
Are Prenuptial Agreements Enforceable?
Postnuptial Agreements in New Jersey
You may also have heard the term “postnuptial agreement,” and may be wondering how this differs from a prenuptial agreement. Although the two documents serve a similar purpose, a postnuptial agreement is entered into after the marriage. In New Jersey, there is no state law authorizing postnuptial agreements, and judges have discretion as to whether to treat them as valid. If you are considering a postnuptial agreement or are wondering if yours may be enforceable, contact our offices today for answers to your pressing questions.
Contact our Morristown NJ Prenuptial Agreement Lawyers for a Free Consultation
When contemplating a prenuptial agreement, knowledge is power. Our New Jersey divorce and family law attorneys work to ensure that you make informed, confident decisions for your future. Contact us today at 973-840-8970 to schedule a free initial consultation.