In a divorce, one of the more highly contested matters is the division of assets between both parties. Many spouses, in order to avoid this problem, decide to draft and sign a prenuptial agreement before they get married. Often referred to as a prenup, this is an agreement that both parties enter into regarding how they will distribute their assets if they divorce in the future. Like other court orders, it can be enforced if either party does not abide by it. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for help with your case.
How Can a Prenup be Enforced in New Jersey?
In 2013, New Jersey revised the law regarding how prenuptial agreements are evaluated as enforceable. Prior to this change, a prenup would be reviewed by a judge when the couple decided to divorce in order to determine if it can be enforced. Now, all prenups that are entered into after 2013 will be evaluated before the marriage to see if they are enforceable. The following are key factors taken into consideration to see if a prenup is valid:
- If each party had their own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
How do I Create an Enforceable Prenup?
A prenuptial agreement can only be made before a couple is officially married. In order for it to be considered valid, the following guidelines must be followed:
- The document must be in writing
- Both parties must provide full disclosure at the time of execution
- The document must be notarized
- The document must be fair and just for both parties
- The agreement must be executed before the marriage
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.