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Are prenuptial agreements checked in divorce?

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Are prenuptial agreements checked in divorce?

Prenuptial agreements are used by couples to make decisions regarding their assets before they officially get married. These agreements are referred to upon divorce proceedings. In these agreements, there is a disclosure of what assets belong to each spouse as an individual rather than the couple. This can help to clarify what is marital property and what is separate property. Although these agreements are set before a marriage, they can be amended. If couples do not make a prenuptial agreement before a marriage, they may be able to form a postnuptial agreement. This agreement is the same concept as a prenuptial agreement but it is made after the couple is already married.

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How are assets divided during divorce proceedings?

During divorce proceedings, assets are divided between spouses through equitable distribution. This provides a fair and just division of the assets. However, this does not mean that it is equal. The assets will not simply be split in half and distributed. Instead, the judge will take into account factors that can decide who gets what in the divorce. There are certain factors that can complicate the division of assets. This may include a high net worth of one or both of the spouses. The division of assets can be complicated due to the amount of possessions and the value of them. Some couples may have a high net worth or just one spouse which can further complicate the matter. When it comes to dividing the assets between both spouses, they will need to be deemed marital property or exempt property. Exempt property is acquired before the marriage between the two individuals was made official. This property is deemed to be separate property since it was acquired by the individual. Assets and debts that were acquired by these individuals before their marriage was made legal are not subject to division. However, marital property can be brought into the division. This property is acquired after the couple was officially married.

Since this process splits possessions, it may become heated between the spouses. It may cause them to fight over certain valuables. During this process, make sure to have an experienced attorney on your side to get what you are entitled to. You do not want to lose precious assets or sentimental items during this step in the divorce process.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –
 

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