Marriage is a profound commitment that you must seriously think through before following through with the nuptials. Similarly, a prenuptial agreement is a pivotal document that you must deeply analyze before signing. One of the factors that you must analyze is whether this document is fair. Follow along to find out whether this document is reasonable for both you and your spouse and how a proficient Sparta prenuptial agreement attorney at Paris P. Eliades Esq. can help you in determining this.
What makes a prenuptial agreement fair?
To reiterate, a prenuptial agreement is only fair if it caters to both you and your spouse in the unfortunate event of a future divorce. First of all, it is important that you and your spouse provide full financial disclosure in this contract. This should include all of your and your spouse’s separate assets, including your personal items that you believe to hold little monetary value, along with all of your and your spouse’s separate debts. Doing so will give you a full understanding of the contract that you are entering, all while giving you equal power to negotiate the assets identified and disclosed.
In addition, you must not allow yourself to be forced into signing this contract. You should enter your prenuptial agreement voluntarily, and not sign this document under coercion or duress. In fact, this is an illegal practice that may just make this contract invalid. You should also sign this document with enough time before your nuptials, so that you give yourself the full opportunity to comprehend the implications of this document and of this commitment you are making.
With all that being said, it is recommended that both you and your spouse work with your own attorneys. Hiring your own attorney can ensure that all your individual wants and needs are met, all while protecting you from being taken advantage of.
What makes a prenuptial agreement valid?
There are certain guidelines that the New Jersey family court holds to ensure that a prenuptial agreement is valid and enforceable. Such guidelines include the following:
- Your agreement must be in writing.
- Your agreement must be notarized.
- Your agreement must include the written signature of both you and your spouse.
- Your agreement must not be signed at a time of mental incapacity of either you or your spouse.
- Your agreement must not be amended after it was signed.
- Your agreement must include all true information.
- Your agreement must be executed before you and your spouse get married.
For more information on how to ensure that your prenuptial agreement is fair and valid, you must reach out to a talented Sparta, NJ family law attorney today. We look forward to collaborating with you.