Do I need a prenuptial agreement?

Getting married is one of the most exciting times in anyone’s lives. Unfortunately, today, half of all marriages end in divorce. One way you can protect yourself and your assets in the unfortunate event of a divorce is through a prenuptial agreement. You don’t necessarily need to be incredibly wealthy with a ton of assets to have a prenuptial agreement. Anyone of any means should consider this option.

There are a number of requirements that you will need to meet if you are thinking about drafting a prenuptial agreement in New Jersey. The agreement must be done in writing and voluntarily signed by both partners. It must be completed prior to the date in which the couple gets married, hence the term “prenuptial.” Additionally, it must be notarized and include a full financial disclosure. It is very important that the prenuptial agreement is fair to both future spouses.

While you are drafting the prenuptial agreement, here are a few things to keep in mind. First, you should be aware that you are not permitted to include any decisions made regarding any future children that the couple may have together. The agreement only addresses current factors. These can include decisions about real estate, inheritance, spousal support or alimony, and any other assets the couple currently possesses.

If you missed your chance to create a prenuptial agreement, you can always draft a postnuptial agreement. If you choose this option, good luck convincing your spouse to sign it. Remember, it needs to be a voluntary decision for both parties.

If you need assistance creating a prenuptial agreement in New Jersey, contact our firm today.

Ross and Calandrillo, LLC is a full-service divorce and family law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.