What Is a Prenuptial Agreement in New Jersey? A Clear Guide for Engaged Couples

In this article, you can discover…

• What prenuptial agreements are, and what they accomplish legally.
• What you should consider before getting a prenup.
• What can be included in a prenup agreement.

What Are Prenuptial Agreements, Are And Why Do They Matter?

Prenuptial agreements define what is yours and what belongs to the other party before you marry. You will then both promise not to seek or claim assets that were not yours to begin with, should a divorce occur. The documents are essentially mirror images of one another, and both of you will sign.

This ensures that those pre-marital assets belong to you, and your future spouse’s pre-marital assets belong to them. Generally, it is understood that any assets you acquire during the marriage or with marital funds will still be split 50-50.

Who benefits from a prenuptial agreement? There’s a general impression that only the very wealthy need prenups, but I would recommend them to anyone who is marrying over the age of 40. You’ve had life experiences, have some assets, and may have a 401(k). It’s reasonable and astute to want to protect those assets.

It’s also important to give your future spouse plenty of time to consider the prenuptial agreement. You don’t want to spring it on them a week before marriage, because that will be far too much pressure. Let them know about the prenup at least one month before you marry to avoid offending them.

What Legal Elements Should I Be Aware Of When Considering A Prenup?

Legally, prenuptial agreements are private contracts between two people and are rarely overturned by a judge. Still, it’s advisable for you to have an attorney’s guidance as you draft or agree to one. Prenups are also amendable so long as both parties agree, and can be changed should your needs or priorities shift after marriage.

You can also write up and sign an agreement after you’ve married, too. This is known as a “mid-marriage agreement”. As long as both you and your spouse have had enough time to consider and agree to the document, that’s an option, as well.

What Can Legally Be Included Or Excluded In A New Jersey Prenup?

So long as the terms of your prenup do not violate public policy, the sky is the limit in terms of what your prenup can include or exclude. Legally, the prenup can not be unconscionable in its terms, but this is generally avoided when both sides have experienced sound legal guidance from attorneys.

Terms that are against public policy, however, won’t be allowed. For example, your prenup can not include terms that negate the other party’s right to seek child support from you.

Still Have Questions? Ready To Get Started?

For more information on prenuptial agreement legal guidance, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (848) 200-7833 today.