The division of assets during divorce proceedings is often complex and leaves many spouses dissatisfied. It is because of this that many spouses choose to be prepared in order to avoid this. This can be done with a prenuptial agreement. However, this document can sometimes prove to have its own difficulties later on. It is because of this that it is important to retain the services of an experienced New Jersey divorce attorney when dealing with these matters.
What is a Prenuptial Agreement?
A prenuptial agreement is a contract between two people before they enter into their marriage. The document outlines the details of how the couple’s assets and debts should be divided if they decide to go through a divorce in the future. The agreement can also include any terms regarding alimony and any other marital issues. When entering into this agreement, it is important for both spouses to provide their attorneys with a copy of the agreement immediately.
When is a Prenup Considered Official?
It is important to know that, in order for a prenuptial agreement to be considered valid, it must meet certain requirements. This ensures that it can be used if the couple ends up going through a divorce. In order for a prenuptial agreement to be legal, the document must:
- Be in writing
- Include a full disclosure at the time of execution
- Be notarized
- Be fair and just for both parties
- Be executed before the marriage
Contesting a Prenuptial Agreement
A prenuptial agreement can be contested in the state of New Jersey. When this happens, the court will consider different factors regarding the prenuptial agreement and how it was entered into by both spouses. This can include:
- Whether the agreement was entered into voluntarily
- Whether the agreement is unconscionable
- Whether both spouses exchanged a complete disclosure of their assets and debts
- Whether each spouse had their own lawyer
When a spouse wants to contest their prenuptial agreement, it is important that they give a copy of the document to their attorney during an initial consultation if they have not done so previously. They must also inform the attorney of the facts surrounding how the agreement was met and later signed.
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.