A prenuptial agreement can seem like a controversial topic. Some people avoid signing prenups because they feel these documents indicate an unstable future marriage. Other people avoid prenuptial agreements because they believe they don’t have enough assets to need a prenup. In reality, neither of these assumptions is true. In fact, prenups are meant to protect both parties and their assets. Read on to learn more.
What is a prenuptial agreement?
A prenuptial agreement is a legal agreement that declares how a couple’s assets should be divided in the event that their marriage comes to an end due to separation, divorce, or death. Anyone who is getting married and has any assets should consider creating a prenuptial agreement. Additionally, it is important to know that there are numerous benefits when it comes to a prenup. For example, this can allow you to make sure you and your partner are on the same page about financial matters before entering into your marriage.
How do I create a prenuptial agreement?
In order to create a prenuptial agreement, you should make sure:
- Both you and your partner should work with your own attorneys
- You and your partner must both provide full financial disclosure
- Both partners must be willing to sign, the agreement cannot be signed under coercion or duress
- The agreement must be reviewed and approved by the courts as enforceable at the time it was created
What makes a prenuptial agreement valid in New Jersey?
A prenuptial agreement is an important legal document that can play a major role in a divorce. For example, some couples are able to shorten or even skip litigation entirely with the help of a prenuptial agreement. As a result, a prenup must meet certain requirements in order to be considered valid. In New Jersey, these requirements include:
- Your prenup must be notarized
- Include a full disclosure at the time of execution
- Be in writing
- Be executed before the marriage
- Be fair and just for both parties involved
Can I be forced to sign a prenuptial agreement?
As previously stated, a prenuptial agreement is meant to protect both parties. As a result, it must be signed voluntarily. A prenuptial agreement cannot be signed under coercion or duress. If there is evidence that this occurred, the agreement can be found invalid.
If you have any questions or concerns about prenuptial agreements, reach out to our firm to discuss.
Contact Our New Jersey Firm
If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact Paris P. Eliades Law Firm, LLC for a consultation today.
