When you get married, you and your partner join your lives together. This also means merging your finances. Additionally, over the years, you and your partner may acquire assets, debts, and more. In the event of divorce, it can be extremely difficult to divide these assets. As a result, many couples choose to create a prenuptial agreement. A prenuptial agreement is a document that states what will happen to you and your partner’s marital assets in the event of death or divorce. It is important to note that prenuptial agreements do not in any way indicate an impending divorce. Instead, they simply allow you and your partner to feel safe and secure when entering into your union.
How do I Know if my Prenuptial Agreement Is Legally Enforceable in New Jersey?
A prenuptial agreement must be created and filed a certain way in order to be considered valid in the state of New Jersey. In order for your prenuptial agreement to be valid, it 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 your prenuptial agreement is not valid, it can be contested in the event of a divorce. This can lead to a lengthy and expensive litigation process, as well as the loss of assets you would have otherwise kept. In order to make sure your prenup is valid, work with an experienced family law attorney.
I Didn’t Create a Prenuptial Agreement but I Changed my Mind
This is a rather common issue. If you and your partner did not create a prenup before your marriage, you’re still in luck. You can create a postnuptial agreement. This is the same document, but it is created after the wedding, rather than before.
If you are interested in creating a prenuptial or postnuptial agreement, contact our firm to speak with a knowledgeable family law attorney. We want to help you feel as safe and secure as possible as you embark on this new chapter in your life.
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.