Prenuptial Agreement in New Jersey
on decembrie 8th, 2021 at %H:%MWhen it comes to getting married, many couples are focused on the excitement of planning their wedding and their future together. However, it`s important to also consider the possibility that your marriage may not work out as intended. This is where a prenuptial agreement comes in.
A prenuptial agreement is a legal document that outlines how a couple`s assets and debts will be divided in the event of a divorce. It is commonly used to protect pre-marital assets, such as inheritance or a family business, as well as to establish financial expectations and responsibilities during the marriage.
In New Jersey, prenuptial agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act. This act sets out the requirements for a valid prenuptial agreement, which includes:
1. The agreement must be in writing and signed by both parties.
2. Each party must have their own attorney, or have the opportunity to consult with an attorney before signing.
3. The agreement must be entered into voluntarily and not under coercion or duress.
4. The agreement must be fair and reasonable at the time of signing and at the time of enforcement.
It`s important to note that while a prenuptial agreement can protect assets in the event of a divorce, it cannot dictate child custody or support arrangements. These decisions are made by a judge based on the best interests of the child.
If you are considering a prenuptial agreement in New Jersey, it is important to start the process early. Both parties should have ample time to review and negotiate the terms of the agreement. It is also important to be upfront and transparent about your assets and debts.
While discussing a prenuptial agreement may not be the most romantic part of wedding planning, it can provide peace of mind and clarity for both parties. Consult with an experienced family law attorney to ensure your prenuptial agreement is fair, reasonable, and in compliance with New Jersey law.