When it comes to their children, parents are often protective. So, when it comes to a marriage, your fiancé’s parents may want you to sign a prenuptial agreement. While this is a decision that should be left up to you and your future spouse, it is not entirely uncommon for parents to get involved. This can be a tense situation, and it may leave you wondering, “can my fiancé’s parents force me to sign a prenuptial agreement?” Read on to learn more about prenuptial agreements in New Jersey.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal document that declares how your and your spouse’s assets will be divided in the event of death or divorce. Many people avoid creating a prenup because of the morbid connotations, but signing a prenuptial agreement does not indicate a lack of trust or an unstable relationship. Instead, it allows you and your partner to discuss important financial matters early on. Additionally, a prenup is designed to protect both parties in the event of a divorce. That being said, a prenuptial agreement is not for everyone.
What Makes a Prenup Valid in New Jersey?
There are some requirements that must be met in order for your prenuptial agreement to be considered valid in the eyes of the law. These requirements include:
- Must include a full financial disclosure
- Must be written
- Must be notarized
- Must be fair and just to both parties
- Must be voluntary
Can I Be Forced to Sign a Prenup?
No, you cannot be forced to sign a prenuptial agreement. In order for a prenup to be considered valid, it must be created and signed voluntarily. If a prenup is signed due to coercion or manipulation, it will likely not hold up in court. An invalid prenup can cause a lot of issues down the line. For example, a couple with a prenuptial agreement may feel that their assets are protected, but when it comes to a divorce and the prenup is found invalid, they will likely find themselves scrambling to determine how their assets will be split, potentially facing large losses and a lengthy litigation.
If you have any questions or concerns regarding prenuptial agreements in New Jersey, contact our firm to speak with a skilled family law attorney.
Contact our Firm
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.