It doesn’t seem natural for a couple to plan for a divorce before they are already married. Not to mention, it isn’t exactly romantic, either. However, planning for divorce may save you and your assets substantially in the future, should you ever get one. While prenuptial agreements may carry a certain stigma, the truth is, most couples are glad they drafted one. If you think a prenuptial agreement sounds like something that may appeal to you, read on, consult your spouse, and reach out to our experienced firm. Here are some of the questions you may have about drafting a prenuptial agreement with your spouse:
What is a prenuptial agreement?
Essentially, when a couple gets divorced, their assets very often fall into the litigation process. This means that each party’s assets can be up for grabs if they did not at one time take action to protect them. However, by drafting a prenuptial agreement with your spouse-to-be, you can predetermine exactly what will happen with each of your assets, should you ever get a divorce. Fortunately, most spouses never even have to use their prenuptial agreements, however, they cannot hurt to have as a backup.
What issues can be addressed in a prenuptial agreement?
Prenuptial agreements can settle a wide array of issues, including some of the most commonly contested ones, such as child custody, child support, and alimony payments. Additionally, prenuptial agreements can help spouses protect their inheritances, life insurance policies, rights to buy, sell, or otherwise manage assets, and the rights of both spouses to join or separate property during or after their marriage.
How do I know if my prenuptial agreement is legally enforceable?
- A prenuptial agreement, rather obviously, will do you no good if it is not valid and legally enforceable. A valid prenuptial agreement in the state of New Jersey 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
If you have not yet drafted a prenuptial agreement and you are already married, you may still draft a postnuptial agreement with your spouse to tackle many of the same issues as a prenuptial agreement.
Contact our experienced New Jersey 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.