A New Jersey Prenuptial Agreement Lawyer Will Protect Your Wealth
What is a Prenuptial Agreement?
A prenuptial agreement is a written agreement executed by both parties prior to marriage that typically addresses the rights and obligations of the parties in the event of a divorce or separation. These agreements govern financial issues only, such as spousal support and equitable distribution of assets, and cannot address issues relating to children such as custody and parenting time.
For a prenuptial agreement to be valid, it must be signed in advance of the marriage, both parties are free of coercion or duress, and have provided each other adequate financial disclosure. When considering whether such an agreement is valid, courts will also determine if the agreement were so unfair that it would be “unconscionable” to uphold it. A New Jersey prenuptial agreement lawyer from Zemsky Family Law has the experience to guide you and ensure the documents are completed correctly.
Do I Need A Prenuptial Agreement In New Jersey?
Prenuptial agreements are not only for celebrities or very wealthy individuals. While prenuptial agreements can be an awkward topic to broach with a future spouse, they are just another form of insurance from which many couples can benefit.
Without a prenuptial Agreement, almost any asset acquired during the marriage by either spouse and any income earned during the marriage by either spouse is considered “marital” or “joint” property, even if the parties kept separate bank accounts and managed their “own” income and assets during the marriage.
While there are some exceptions to this general rule, parties are often dismayed to discover at the time of divorce, their spouse is entitled to share income or certain assets that they considered their individual property. Prenuptial agreements will often carve out these exceptions and define exactly what property is considered joint and individual if the marriage dissolves.
Other reasons to consider prenuptial agreements include if:
- One or both parties have children from a previous relationship
- There are adult dependents that need specialized care
- There are family or individual business interests
- One party carries significant debt
- If a party expects to be the beneficiary of a trust or inheritance
Contact a New Jersey Prenuptial Agreement Lawyer for Advice
At Zemsky Family Law, our attorneys have decades of experience drafting and addressing issues concerning prenuptial agreements. Whether you are unsure if you want one, your future spouse has one they want you to sign, or you have a prenuptial agreement and are getting a divorce, our attorneys can confidently protect your interests and guide you through the process. Contact our office today.