New Jersey Prenuptial Agreements
A prenuptial agreement is a contract made prior to the parties' marriage. It arranges for the disposal of property and alimony rights to a spouse in the event a marriage fails. This allows both parties a chance to fairly divide assets without emotion getting in the way in the event of a worst-case scenario. Execution of this type of agreement means that both spouses agree that the court, in the event of a divorce, will not be used to resolve alimony and/or equitable distribution disputes.
Our knowledgeable family law attorneys can help you create a fair, legally binding ante-nuptial agreement. Call (973) 467-3700 to schedule an appointment.Why You Need an Attorney
These contracts must be set up so that both parties can walk away from the marriage with financial security. Any agreement which leaves one spouse with a standard of living far below that which was enjoyed during the marriage, may not be upheld by the courts.
When creating your prenuptial agreement, you and your spouse will need to consider:
- Property ownership
- Business ownership
- Asset dependence (does one spouse rely on another for financial support?)
- Wills and trusts
- Foreign assets
- Anticipation of future assets (income from wills, trusts, new opportunities, etc.)
To start the proceedings, both parties must fully disclose their financial assets and income in order for the agreement to be considered enforceable. The courts will also make sure that no fraud or duress existed in the execution of the agreement. It can be very easy to overlook details for these agreements without a working knowledge of family law, and if you do not create a court-approved agreement it could be considered grounds to have the contract dismissed during a divorce.
Contact Us Today To Start Drafting Your Agreement
The New Jersey family law attorneys of The Law Offices of James P. Yudes, P.C. have extensive experience creating prenuptial agreements. Both parties should have their own, independent legal counsel helping them draft the agreement, and we can ensure your interests are protected in a sound, legally binding document.
Call (973) 467-3700 to arrange your first meeting with the attorneys of The Law Offices of James P. Yudes, P.C.