Marriage is an exciting time for couples. As their big day gets closer, they have a lot to consider. Although they are happy to start their lives with their spouse, they may wish to draft a prenuptial agreement. This agreement can include what each spouse owns individually. This can be useful if the marriage was to end in divorce. Although couples do not get married with the intention of divorce, a prenuptial agreement can help avoid any arguments over what property is shared between them. This may prove to be beneficial in the long run. The couple can include important details on ownership of their business or property that they worked hard to gain ownership of. This can name them as the owner of the property in a legal document. This document must be followed once it is legalized.
Prenuptial agreements are made before marriage is made official. In these written agreements, spouses will claim what property is owned by them individually. For these agreements, child custody matters should not be included. There should be no mention of the children in these agreements. Custody matters are discussed during the divorce process. At that time, either the parents will decide on an arrangement together or a judge will make the best decision possible for a child. A prenuptial agreement cannot be used to make these decisions. There should not be any mention of child support either.
What makes a prenup legal?
When prenuptial agreements are made, there are certain procedures that need to be followed in order to make the document legal. The document must be legal to enforce that it must be followed. The document needs to be written down and be voluntary on behalf of each spouse. These spouses need to be making this agreement of their own accord. They should not be convinced in any way or not in a good state of mind at the time of execution. At the time of making these agreements, each spouse needs to have a full disclosure. This disclosure should include their finances and possessions. This is needed to make sure that the agreement is made to be fair and just for both parties. To make sure the document is legal, it should be notarized by a person with this power. With all these factors involved, it can make a valid prenuptial agreement that should be followed if a divorce were to occur.
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. Contact our firm for a consultation today.
