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What to Know about Drafting a Prenuptial Agreement in New Jersey

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What to Know about Drafting a Prenuptial Agreement in New Jersey

Life is unpredictable. The best way to protect yourself from future problems is to be prepared. Worst-case-scenarios are easy to ignore. But if you consider the worst, you can protect yourself from unnecessary dilemmas. Making the decision to draft a prenuptial agreement might not be a simple decision, but is it the smartest route to take when protecting yourself from the potential hardships of life. Continue reading to learn the most important information about prenuptial agreements in New Jersey. Learn how to create a valid prenuptial agreement in the state of New Jersey and discover the best way to take your first step today. Contact our full-service divorce, family, and real estate law firm located in New Jersey today to understand your options.

Why do I need a prenuptial agreement?

Predicting the future is something we all wish we had the super power to do. Unfortunately, this super power is not obtainable and the future is always an unknown entity in our lives. What we do know is that 50 percent of marriages end in divorce today. We understand that drafting a prenup is not an exciting or romantic thing to do with your partner. But what we do know is that it is the smart route to take. Being prepared for the worst-case-scenario is a way to take care of your future self and avoid unwanted legal problems. Take the first step today by reaching out to a New Jersey family attorney.

How can I be sure my prenuptial agreement is valid?

There are a few guidelines that your prenuptial agreement should follow in order for it to be seen as valid in the state of New Jersey. The following qualifications must be followed when drafting your prenuptial agreement:

  • The prenuptial agreement must be in writing
  • The prenuptial agreement must be fair and just for both parties
  • The prenuptial agreement must include a full financial disclosure
  • The document must be executed before the marriage
  • The document must be notarized
  • The document must be executed voluntarily by all parties
  • The document cannot be unconscionable
  • Both parties must provide full disclosure at the time of the execution

Your prenuptial agreement must also be reviewed and approved by the courts as enforceable. This must be done at the time the document was created. Another key factor that is taken into consideration to see if a prenup is valid is if the agreement was signed under any coercion or duress. It is also taken into consideration if each party had their own attorney when creating the agreement.

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.

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Mediation Services

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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“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. –