Prenuptial Agreements

Prenuptial Agreement Attorney in Mountainside

NJ attorneys preparing prenuptial agreements

Many of the most contested issues that bring divorcees to court can be addressed before exchanging vows. Prenuptial agreements are a good way for people of all lifestyles to protect their assets before getting married. A prenuptial agreement is a contract signed by parties to set up a mechanism of what will happen if the marriage ended. Unfortunately, many shy away from executing these documents because of the false stigma that is attached.

For one, people believe that prenuptial agreements are only for people with great wealth. We all have assets that need protecting and prenuptial agreements, no matter the simplicity, can help a party protect what is deeply important to them, whether that be an inheritance, real estate, personal belongings, and more.

Secondly, prenuptial agreements often come with a false stigma of starting the relationship off on the wrong foot with couples already preparing for divorce. This is just not the case and prenuptial agreements are not only executed by pessimists or skeptics. Fortunately, many people have come to realize that prenuptial agreements helped them set aside the financial aspect of the union and focus on the important things that brought them together.

With over 50% of marriages ending in divorce, it is important to prepare for whatever lies ahead. For those with modest means, a prenuptial agreement can be simple and help you determine what will stay separate property and what will happen in the case of divorce. For high net worth individuals and those who own a business, a prenuptial agreement is an important tool that can protect complex assets and lessen the impact of a divorce on main sources of income. If you need an experienced law firm to help you decide on the best course of action, contact Ross & Calandrillo, LLC for a consultation. Our firm is ready to explore your legal options and draft documents to protect your interests.

What constitutes a valid prenuptial agreement?

A prenuptial agreement is simply a binding contract between parties before the marriage commences. It can establish what would happen in the event of divorce, separation, or death. Often, prenuptial agreements can help couples avoid litigation on matters, including property distribution and alimony. Prenuptial agreements are limited in nature as well. They cannot contain language regarding child support or child custody. Simply put, to be a valid contract, a prenuptial agreement:

  • Must include a full financial disclosure
  • Must be written
  • Must be notarized
  • Must be fair and just
  • Must be voluntary

Why do I need a prenuptial agreement?

No one can predict the future. When a couple gets married, they would never consider a time where they would be apart. No one wants to think about the end of a marriage before it starts. We fully understand this sentiment, but preparing for the unknown is important as well. If these significant matters are left unattended, a couple could find themselves in court facing a myriad of legal problems. A prenuptial agreement can address many issues, including:

  • Fidelity
  • Inheritance
  • Appreciation of property
  • Alimony
  • Real estate

I’m already married. Am I out of luck?

If you are already married and you regret not executing a prenuptial agreement, you can still take advantage of a postnuptial agreement. If you can persuade your spouse, a postnuptial agreement is almost the exact same document but drafted after the marriage commences.

Contact an experienced Union County family law firm to protect your interests

Ross & Calandrillo, LLC understands how hard it can be to consider a prenuptial agreement. Unfortunately, a history of unjust stigmas unnecessarily exposes people to legal problems. Our firm is ready to help you decide if a prenuptial or postnuptial agreement is right for you and guide you through the process. If you need our help, please reach out for a consultation. Contact Ross & Calandrillo, LLC.