When spouses are required to divide their assets in a divorce, this can sometimes cause a significant amount of difficulty. It is because of this that couples may want to prepare in advance for this possibility by creating a prenuptial agreement. This is a document that both parties sign, agreeing to how they would distribute assets in the event that they divorced. However, if one party refuses to abide by it, it is possible to have the agreement enforced by the court. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for help with your case.
How Can a Prenup be Enforced in New Jersey?
New Jersey courts changed the way prenuptial agreements were deemed enforceable in 2013. Prior to this, the agreement would be reviewed by a judge if it came time for the couple to divorce. Now, this will be done before the marriage event takes place. All prenuptial agreements that are entered into after 2013 will be reviewed by a judge at the time it is created to determine its validity. During this time, the following are factors taken into consideration:
- If each party had their own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
How do I Create an Enforceable Prenup?
It is important to note that prenuptial agreements can only be made before a couple gets married, not afterward. In order for it to be considered valid and enforceable, it must meet the following requirements:
- 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
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.
