Prenuptial & Postnuptial Agreements
Central New Jersey Prenuptial Agreement Lawyers
Consult An Attorney Before You Sign A Marital Agreement
Prenuptial agreements are legal contracts that list the assets and debts each party has prior to the marriage. To be legally binding, each party must voluntarily sign the agreement. There must also be full and fair disclosure of all assets and debts from each party. When necessary, we work with forensic accountants to search for hidden assets before negotiating and drafting the agreement.
Premarital agreements specify the rights of each party during property division if the marriage ends in divorce. You may also use premarital agreements to establish each party’s spousal support/alimony rights and obligations as well as the creation of wills and trusts.
Child custody, parenting time and child support may not be addressed in prenuptial and postnuptial agreements in New Jersey.
Why Create A Prenuptial Agreement?
Prenuptial agreements are often used before marriages in which one or both participants has a large amount of assets. A prenuptial agreement can protect those assets from the risk and uncertainty associated with divorce. This type of agreement can simplify what could otherwise be a very complex and challenging divorce.
High-asset couples are not the only people who can benefit from a prenuptial agreement, however. Those who have heirlooms or other family assets can use prenuptial agreements to ensure that their property stays with them.
Real estate is a common example. If, for instance, you owned a cabin that had been in your family for generations, you would probably feel strongly that the property should remain with your family. You would then want to sign a prenuptial agreement stating that you would retain control of the land in the event of a divorce.
Prenuptial agreements can similarly be used to ensure you retain assets that you intend to pass down to your children from a previous marriage. Issues of inheritance often factor deeply into parents’ feelings about their property. Our attorneys can help you ensure that those assets are protected from property division in divorce.
Why Create A Postnuptial Agreement?
Postnuptial or antenuptial agreements are very similar to prenuptial agreements – they set expectations for property division and spousal support in the event of a divorce. Postnuptial agreements, however, are created after the marriage has begun.
There are many reasons a spouse may choose to pursue a postnuptial agreement. Often, they are created to protect new assets that are acquired during the marriage – a piece of property that the inheritor wants to keep within his own family, for example. In other cases, postnuptial agreements are used to account for changing conditions within the marriage.
If, for example, a married couple decides that the wife will leave her career and become a stay-at-home mom, the wife may wish to pursue a postnuptial agreement that will reflect this change. This postnuptial agreement could include a more generous division of property and additional spousal support to compensate the wife for leaving her career.
Contact A New Jersey Postnuptial Lawyer
If you are seeking a prenuptial or postnuptial agreement, our central New Jersey prenuptial agreement attorneys are here to help. To arrange a consultation, please contact us online or call 609-683-7400.