Trusted Prenuptial Agreement Attorney In New Jersey
After getting engaged, no one wants to have a discussion about the possibility of divorce. It can be awkward and uncomfortable, especially if one of you makes more money or has more debt. These tough conversations need to be done to protect your interests in the future. Before you get married, you need a New Jersey prenuptial agreement lawyer who can explain to you how this contract works and how it can reduce some of your financial worries before your wedding day.
Choose Ford Brown Law
Acting as your New Jersey family lawyer, Nilaja and Donnette at Ford Brown Law are the advocates on your side. While serving as president and vice president of the Association of Black Women Lawyers of New Jersey, they lead with compassion and dedication to families in this state. Their former clients say they are responsive, considerate, and compassionate.
If you are looking for an experienced family law attorney, our firm is ready to discuss your case. We represent clients all over New Jersey, including in Middlesex County, Somerset County, Hudson County, Essex County, Camden County, Salem County, and other counties in the state.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract between two people before they get married. It is a way of protecting each party’s assets, like property, retirement, and possible future earnings. It can also address debt and how to divide property if the couple divorces.
More people are considering prenuptial agreements now than in past decades. According to a Harris Poll in 2022, 35% of unmarried people said they would sign a prenuptial agreement, but in a separate poll, only one in five couples stated that they had one. This may be due to misunderstanding the process.
To secure your assets before you get married, hire a prenuptial agreement lawyer who has experience and knowledge of New Jersey prenup laws.
Requirements For a Prenuptial Agreement
In New Jersey, the Uniform Premarital Agreement Act lists the requirements for the contract to be valid. They include the following:
- Written and signed. Verbal agreements cannot be considered.
- The signatures are not forced or fraudulent.
- Both parties must provide a list of assets, debts, and other relevant financial information.
- The agreement needs to be completed well before the wedding day.
- It is recommended that each party have their own lawyer working on their behalf to avoid a conflict of interest.
What Is Included in a Prenuptial Agreement?
Every prenuptial agreement is different, but there are a few things that are usually included:
- How assets are to be divided if there is a divorce and how the couple addresses any debts
- Any businesses owned before the marriage can be addressed
- Details on who inherits after the death of one or both spouses
- Whether or not there will be spousal support in the event of a divorce
- Any specific directives about how assets are divided after a divorce, like who receives the family home
A prenup can also address possible financial responsibilities. For example, one spouse may work while the other stays home with the children. In this case, the agreement can specify that the spouse who is working pays for all the expenses during the marriage.
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What Cannot Be Included in a Prenuptial Agreement?
Even though prenuptial agreements cover many financial aspects before a marriage, there are some key elements that cannot be included:
- Matters involving minor children, like custody and child support. The court decides what is in the best interests of the children rather than what is discussed during the process of creating a prenuptial agreement.
- Unfair conditions for one party. The court can reject agreements that show more favorable terms to one spouse over the other. Each party should have reasonable financial equality.
- Maintaining lifestyle. There needs to be clear financial information instead of focusing on personal needs.
FAQs
Who Should Get a Prenuptial Agreement in New Jersey?
Anyone getting married should consider getting a prenuptial agreement. Many people are marrying later in life after amassing property and investments. You need to protect yourself, even if you do not intend to divorce. It is also recommended to have a prenuptial agreement if you own a business or have children from a prior relationship. Those with a high net worth should get a prenuptial agreement to secure their investments in property or future inheritances.
Is New Jersey a 50/50 Divorce State?
No, New Jersey is not a 50/50 divorce state. A judge determines equitable distribution of marital property and other assets acquired during the marriage. Several factors are taken into consideration, like the length of the marriage and how each spouse contributed to the household. A prenuptial agreement can assist in determining the division during a divorce. Terms have already been agreed upon, making the process less stressful for everyone.
Can a Prenuptial Agreement Be Overridden in New Jersey?
Yes, a prenuptial agreement can be overridden in New Jersey under some conditions. If someone can prove they were coerced into signing the agreement, it is not considered legal. Hiding assets or keeping secret accounts can void the agreement.
Not having the appropriate representation can also override the prenuptial agreement. For example, if one spouse’s attorney has a vested interest in the other spouse’s case or their lawyer, the prenuptial agreement can be invalidated.
How Much Does a Prenuptial Agreement Cost in New Jersey?
The cost of a prenuptial agreement in New Jersey varies from case to case. When there are many assets involved, inventorying and assessing the value can take time. Negotiations with the other party’s attorney can add to the cost as well. At Ford Brown Law, we offer flexible payment options and reasonable fees for our services. Having a capable prenuptial agreement lawyer working on your behalf can be priceless in the end.
Hire a Prenuptial Agreement Lawyer in New Jersey
At Ford Brown Law, we personalize the prenuptial agreement cases that we work on. We help you tailor the agreement to meet your specific needs. Having peace of mind as you enter into your marriage is our goal. We have clients from all over New Jersey, serving them at our offices in Clark. Contact us today to schedule a free consultation. Protect your assets and future self.
