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Can I Contest My Prenuptial Agreement in New Jersey?

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Can I Contest My Prenuptial Agreement in New Jersey?

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. 

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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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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.

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“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...”

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“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...”

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“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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