While creating a prenuptial agreement can be extremely beneficial to both parties involved, it can still feel like a big decision. You may have a lot of questions about the agreement, what it entails, how it is created, and more. Doing your research and understanding the process ahead can help put your mind at ease and ensure that your needs are met. Read on to learn more about some of the most commonly asked questions regarding prenuptial agreements.
What is a prenuptial agreement?
A prenuptial agreement is an agreement that is created by a couple before they get married. The purpose of this agreement is to declare how their assets should be divided in the event that their marriage comes to an end.
What can be included in a prenuptial agreement?
A prenuptial agreement can allow you to make decisions about your and your partner’s:
- Residences and real estate properties
- Business assets
- Investments, stocks, and bonds
- Amount, duration, or waiver of alimony
What cannot be included?
It is important to know that there are some matters that you cannot include in a prenuptial agreement. For example, you cannot include child custody arrangements in a prenup. Additionally, you cannot include lifestyle clauses, as a prenuptial agreement is meant to address monetary issues.
What makes a prenup valid?
A prenuptial agreement is an important legal document. Like most other legal documents, there are certain requirements that must be met in order for the document to be considered valid. When it comes to a prenup:
- 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
What if I change my mind?
If you get married without a prenuptial agreement and later change your mind, you’re not out of luck. In cases like these, you can create a postnuptial agreement. This is the same type of agreement, except it is created after the wedding, rather than before.
If you are interested in creating a prenuptial or postnuptial agreement, reach out to our firm today. We are here to help you enter into your marriage feeling prepared and secure.
Contact Our Experienced New Jersey Firm
We are a full-service divorce, family, and real estate law firm in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC today.