65 Madison Ave · Suite 420 · Morristown, NJ · 07960

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Is My NJ Mediation Legally Binding?

Jul 3, 2018

New Jersey Same-Sex Prenuptial Agreement Attorneys

Family Lawyers Assisting Same-Sex Couples in Morris County and across New Jersey

Same Sex Prenuptial Agreement

Under New Jersey’s new same-sex marriage laws, couples seeking to get married face the same issues regarding property rights, child custody and spousal support in the event of divorce. That means that prenuptial agreements are one of the most important legal tools available to protect any separate assets you wish to keep from being classified as marital assets.

If you are considering entering into a same-sex marriage or civil union in New Jersey, it makes sense to get your questions answered about how to protect your parental rights and financial interests in the event of divorce. Talk to an attorney at Townsend, Tomaio & Newmark, L.L.C. We have years of experience drafting effective prenuptial agreements. We will answer your questions regarding:

  • Do you need a prenuptial agreement?: If you have personal assets that you are bringing with you into the marriage, we will explain how to protect separate ownership through a prenuptial agreement and what you need to do to avoid commingling your assets and investments with marital assets.
  • What does a prenuptial agreement do for you and your spouse?: A prenuptial agreement allows you to set down in writing which assets you intend to keep in your own name and not allow to be commingled with marital assets earned or accumulated over the course of the marriage.
  • Is a prenuptial agreement different for same-sex couples?: Although same-sex couples may have unique issues regarding custody of children from a prior relationship, the laws regarding same-sex property valuation and equitable division will be the same.

What a New Jersey Prenuptial Agreement Covers

Prenups can be drafted to cover every contingency of property ownership, custody, visitation rights and spousal support. Many people even write in special provisions about who gets ownership of the family pet.

To be considered valid, though, there are some factors that courts will take into consideration. In general, these include:

  • Both parties must be represented by separate legal counsel
  • Neither party must be forced to sign the agreement under duress
  • The agreement must be drafted, agreed-upon and signed well in advance of the marriage
  • The agreement must be considered equitable and take into consideration the income and financial circumstances of the parties
  • The wording of the agreement must be clear and unambiguous

Contact our Morris County NJ Prenuptial Agreement Lawyers Today

We focus our law practice entirely on family law matters. We have helped countless couples get through the stressful time of preparing for their marriage. Meet with us to discuss your specific concerns and needs. We will answer your questions and make sure you are comfortable with the process of putting a solid prenuptial agreement in place.

Call us at 866-957-2982 or 201-285-5985 to discuss your need for a same-sex prenup in a free phone consultation with one of our lawyers.

Begin Your Conversation

  • Disclaimer: Contacting our firm via the internet does not create an attorney-client relationship. Please do not send any confidential information through this form.

Contact Our Morris County Office



Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

Morris County Mediation Office Map