NJ Premarital Planning Tips - Get a Proper New Jersey Prenuptial Agreement to Protect Your Assets

Who needs a “pre-nup”? The answer may surprise you.

You don’t have to be rich and famous to benefit from a New Jersey prenuptial agreement. These contracts, created both to specify the financial terms of a couple’s marriage and also to articulate ahead of time how the division of assets should occur in the event of a divorce, are designed to help avoid litigation and conflict. It was once assumed that only the very wealthy needed these types of agreements. But an increasing number of people are finding them to be an invaluable tool, provided they are written correctly and are executed in an enforceable manner.

“Pre-nups,” as they are commonly called, can be a sensitive topic in many relationships. If you prefer to start off your marriage with a greater sense of security and protection, make sure to retain the services of an NJ family law attorney whose exclusive practice is divorce and family law so that later, down the road, you don’t discover your “agreement” is unenforceable or invalid.

Things you need to know before drafting your pre-nuptial agreement:

• Limit family involvement. You might want to seek advice from various family members (who may or may not be impacted due to a long-standing family-owned business), but this is definitely a time to keep the “cooks in the kitchen” to a minimum.
• Plan ahead. Make certain to allow ample time well in advance of your wedding to prepare, discuss and make changes to the prenuptial agreement. Signing a prenuptial agreement a week before your wedding could later be interpreted as a contract signed under duress and, therefore, be deemed by the court to be invalid. For example, if a bride is facing the choice of “sign here or cancel everything” on the eve of the wedding, a court may be concerned that she was unreasonably forced to sign.
• The New Jersey prenuptial agreement must be in writing and signed by both parties. In order for it to be considered an enforceable contract, the prenuptial agreement must be formally executed and must include a schedule for each party that identifies, in detail, their respective assets and liabilities.

• Child custody plans cannot be included. NJ prenuptial agreements are intended to address only financial issues such as separate and joint assets, child support and alimony. Avoid falling prey to the common misconception that you can incorporate child custody and visitation issues into a prenuptial agreement. These provisions will be deemed invalid.

Can both parties share the same New Jersey Family Lawyer to help draft and review a pre-nuptial agreement?

Both parties need to have their own independent counsel. It is not permitted for the couple to share the same attorney.

Weinberger Law Group can help you with your premarital planning needs.

When planning a wedding, few people want to think about the possibility of divorce. However, creating a rational, comprehensive prenuptial agreement well in advance of the marriage can settle issues that could become areas of contention later. Bari Weinberger of Weinberger Law Group in New Jersey is Certified by the Supreme Court of NJ as a Matrimonial Law Attorney. This is a certification achieved by only 2% of the attorneys in New Jersey. Her firm offers the highest level of professional excellence in all aspects of New Jersey family law.