Union County Prenuptial Agreement Attorney
Serving All of New Jersey
Contact Us Today
(908) 398-2300
Because roughly four in ten first marriages end 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 prenuptial agreement attorney to help you decide on the best course of action, contact Ross & Calandrillo for a consultation. Our firm is ready to explore your legal options and draft documents to protect your interests.
Many of the most contested issues that bring divorces 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 for what will happen if the marriage ends. 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, or otherwise.
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.
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:
New Jersey prenuptial agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act. Within the limits set by that law, a well-drafted agreement can address a wide range of financial matters. Couples commonly use a prenup to identify what will remain separate property, decide how property acquired during the marriage will be treated, address the handling of inheritances and gifts, and set terms regarding alimony, including whether it will be waived, capped, or structured in a particular way.
There are firm limits, however. A prenuptial agreement cannot decide child custody or set child support, because those issues must be determined based on the best interests and needs of the child at the time they arise, not fixed in advance. A court may also decline to enforce an agreement it finds was signed involuntarily, or that was unconscionable when executed, such as where one party was not given full and fair financial disclosure and did not knowingly waive it.
Because the enforceability of a prenup often turns on how carefully it was prepared, both parties are strongly encouraged to work with their own attorneys. Independent counsel helps ensure the agreement is fair, fully understood, and far more likely to hold up if it is ever challenged.
No one can predict the future. When a couple gets married, they would never consider a time when 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:
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.
Ross & Calandrillo 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.
