Prenuptial Agreements
A prenuptial agreement, or “prenup,” is a written contract that two people create and sign before they get married. The purpose of a prenup is to resolve any issues that may present themselves in the event a couple gets a divorce or separates later in life.
Why Should I Get A Prenup?
Typically, parties enter into a prenuptial agreement in order for one or both of the parties to protect premarital assets and/or make a predetermination regarding support and maintenance of each party in the event of a divorce. However, they can also be used to:
- Make sure one person does not have to pay the other’s debts
- Decide who gets the property when someone dies
- Prevent long and expensive arguments if there is a divorce
- Avoid long, costly disputes in case of divorce
These additional protections show how a prenup can address concerns that extend beyond divorce alone.
Validating A Prenuptial Agreement
In order for a prenuptial agreement to be enforceable, there must be full disclosure between the parties regarding their financial circumstances, including the details regarding their incomes, assets, and debts.
It is important that you negotiate and write up your prenup in a way that is clear and legally sound. Courts analyze prenups carefully, so it’s important to have it done right. If a judge decides that your agreement is unfair or does not meet state requirements, the judge will declare it invalid.
After drafting the agreement, both parties should have their respective attorneys review the proposed document to ensure it upholds the necessary legal requirements.
Is A Prenup Right For Me?
If you and your future spouse are considering drawing up a prenuptial agreement, please contact our family law attorneys at 908-454-3200. We are happy to assist you and help you discern whether or not a premarital agreement is the right choice for you.