New Jersey Prenuptial Agreement Attorneys
Creating a solid foundation for your marriage through communication and shared expectations
It’s also a time to look toward the future. A prenuptial agreement is one way a couple can ensure that they’re starting their marriage on a solid foundation, with each spouse’s rights, obligations, and expectations clearly defined.
At Dughi, Hewit & Domalewski, we provide experienced matrimonial and family law counsel for New Jersey prenuptial agreements. Since 1975, our legal team has helped future married couples protect their assets and ensure their peace of mind as they prepare for the future.
Prenuptial Agreements in New Jersey
New Jersey is an equitable distribution state. This means that in the event of a divorce, the court will divide your marital assets based on equitable division, not an outright even split.
A prenuptial agreement allows you and your spouse to protect your assets from the equitable distribution process by listing your assets and describing how these assets should be divided as agreed upon by the parties. Although no one wants to think that their marriage may end in divorce, it’s essential to prepare for the possibility.
Prenuptial agreements can protect family property and assets, safeguard business interests, outline the responsibilities and financial obligations of the parties, and give you peace of mind about your long-term financial security during your marriage.
Our skilled NJ prenuptial agreement attorneys can help guide you through the prenuptial agreement process, including drafting a prenuptial agreement and enforcement of a prenuptial or postnuptial agreement. Schedule your consultation with our team today.
What to Include in Your Prenuptial Agreement
Prenuptial agreements are often thought of as a tool to protect assets for wealthy couples, but this view is an oversimplification of what a prenuptial can do.
A prenuptial agreement is a legal document that articulates each partner’s property and financial rights in a marriage. It can protect business interests, shield parties from debt, clarify financial rights and responsibilities, and more. In addition to allowing you to differentiate between separate and marital property, a prenuptial agreement can provide:
- Protections against the other spouse’s debt
- Provisions for children
- Protections for family property
- Protection of estate plans
- Instructions for property distribution on divorce
- A delineation of spousal responsibilities
When Should You Consider a Prenuptial Agreement?
While most individuals who are planning to marry can benefit from a prenuptial agreement, a prenuptial agreement can be especially important for couples who:
- Earn significantly more money than their future spouse
- Have significantly more assets than their future spouse
- Have significantly more or less debt than their future spouse
- Are business owners
- Will receive a monetary gift or inheritance
- Are the beneficiary of a trust
- Were previously married or have children from a prior relationship
To find out whether you would benefit from a prenuptial agreement, contact our NJ prenuptial agreement lawyers today.
Benefits of a Prenuptial Agreement
A prenuptial agreement can save significant amounts of time and money in the event of a divorce and give you peace of mind entering a marriage.
Specifically, a prenuptial agreement in NJ can benefit both spouses by:
- Establishing or waiving alimony
- Clarifying the valuation of assets
- Addressing business interests
- Addressing future divisions of retirement accounts and stock options
- Ensuring that the wishes in your estate plan are carried out
- Addressing other issues particular to the circumstances of your case
Are Prenuptial Agreements Enforceable?
Prenuptial agreements are enforceable in a court of law. In very rare cases, a prenuptial agreement can be overturned.
To be enforceable, a prenuptial agreement must meet the following legal requirements:
- Written agreement signed by both parties
- All income and assets must be fully disclosed
- Each party must have independent legal counsel or the opportunity to consult with independent legal counsel
- The prenuptial agreement must have been entered into voluntarily
- There must be sufficient time between the writing and the date of marriage so that the parties can consider all the included provisions
Prenuptial agreements can be vacated in certain circumstances—for example, if the prenuptial agreement was entered into involuntarily or the terms of the agreement are such that they render the agreement unconscionable. An agreement will be deemed unconscionable in the following circumstances:
- Failure to disclose all assets in the agreement
- Failure to voluntarily and expressly waive any right to disclosure of the property or financial obligations of one spouse
- Lack of adequate knowledge of the property or financial obligations of the other party
- Failure to consult with an attorney or expressly waive the right to consult with an attorney
If you need help enforcing a prenuptial agreement, contact New Jersey’s Dughi, Hewit & Domalewski today.
Schedule a Consultation with an Experienced Family Law Attorney
If you’re considering entering into a prenuptial agreement or having one vacated, the experienced family law legal team at Dughi, Hewit & Domalewski can help protect your interests. Schedule your consultation with our team today.
FAQ
When should I get a prenuptial agreement?
Any couple can benefit from a prenuptial agreement. It’s essential to enter into the prenuptial agreement early enough before the marriage that each party has time to contemplate the agreement and receive legal guidance from an attorney experienced in family law matters. If a prenuptial agreement is executed too closely to the date of the marriage, it may be unenforceable.
What is a postnuptial agreement?
A postnuptial agreement is similar to a prenuptial agreement but is executed after the couple is married. However, postnuptial agreements are subject to stricter standards and may be considered unenforceable unless you can clearly demonstrate that neither party was subject to pressure or coercion to sign during the marriage.
Working with an experienced matrimonial and family law attorney can help you ensure that your postnuptial agreement will be considered valid by the NJ courts.
On what grounds can a postnuptial agreement be overturned?
Postnuptial agreements in NJ can be overturned for the following reasons:
- Fraud: both parties must fully disclose all of their assets and debts
- Duress: both parties must enter into the agreement voluntarily
- Unconscionability: the agreement cannot be significantly unfair to one party over the other
If you’re interested in a postnuptial agreement or overturning a postnuptial agreement in New Jersey, don’t wait—schedule your consultation with our team today.
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