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New Jersey Prenuptial and Postnuptial Agreement Attorney

Prenuptial and postnuptial agreements are often treated as if they are dirty words. That’s understandable because they focus on the breakup and end of a relationship. The truth, however, is that prenuptial and postnuptial agreements are a critical aspect of the marriage process. After all, marriage is not just a romantic relationship. Marriage is also a business relationship.

This unique dual-natured aspect of matrimony has led to an increased prevalence amongst couples to seek pre and postnuptial agreements to ensure their financial interests are protected in the event of a divorce.

If you and your partner are considering a prenuptial agreement before you wed, or if you are already married but wish to protect your assets in the unfortunate event of a divorce, you need to contact an experienced family law attorney right away. At The Law Offices of James C. DeZao P.A., we’re experts on every facet of family law, including prenuptial and postnuptial agreements. Not only that, but our knowledgeable team prides itself on our compassionate and caring representation of our clients, both inside and out of New Jersey Family Court. We’re here to ensure that your assets are protected and that you receive the best possible financial outcome in the event of marriage dissolution.

Prenuptial Agreements in New Jersey Law

New Jersey Statute 37, Sections 2-31 defines prenuptial agreements. According to the statute, the following items may be included in a prenuptial agreement:

The rights and obligations of each spouse concerning property;
The right to manage and control property;
How wealth or property will be distributed at divorce, death, or the occurrence (or non-occurrence) of any other such event;
The modification or termination of spousal support;
The arranging to carry out the provisions of the agreement;
The ownership rights in – and distribution of – the death benefit from a life insurance policy;
The choice of law governing the construction of the agreement;
Any other matter, including personal rights and obligations, as long as it doesn’t violate any public policy.

Should I Get a Prenup?

Deciding to get a prenuptial or postnuptial agreement may seem like a complicated decision, but in reality, it makes sense for a wide number of reasons. That does not mean, however, that they are the right choice for all couples.

Advantages of a Prenup

There are several advantages for couples to consider a prenuptial agreement before they wed. Prenuptial agreements, for example, can:

Protect the inheritance rights of your children or grandchildren from a previous relationship.
Protect your business or business interests from being divided in the event of a divorce.
Ensure yourself from any pre-existing debt your spouse may have.
Limit the amount of spousal support, or alimony, that you may be liable to pay in the case of divorce.
Provide assurances financial if you give up a lucrative career for marriage.

Disadvantages of Prenups

There are several reasons why you may feel you do not want to enter into a prenuptial or postnuptial agreement. These may include, but are not limited to:

A prenuptial agreement may mean you have to give up your right to inherit your spouse’s estate should they die.
You may be unable to claim a portion of your spouse’s business after divorce – even if you were integral to its growth and success.
A low-wage, or non-wage, earning spouse may not be able to maintain their lifestyle after divorce.
If signed during a “honeymoon stage” of love, one party may not agree to the terms of the agreement once those feelings have waned later.

To better understand your options, and if a prenuptial agreement is correct for you, you should speak with an experienced family law attorney, who can guide you through the process and ramifications of such an agreement.

Can A Prenuptial Agreement Be Invalid?

As outlined in the Uniform Premarital Agreement Act, Section 38, a prenuptial agreement becomes unenforceable if “the party seeking to nullify the agreement can prove that (1) the party executed the agreement involuntarily, or (2) the agreement was unconscionable when it was executed because, before executing the agreement, that party”:

Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;
Didn’t voluntarily and expressly waive any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
Didn’t have an adequate understanding of the property or financial obligations of the other party;
Didn’t consult with their own attorney and didn’t voluntarily and expressly waive the opportunity to consult with their own attorney.

Postnuptial Agreement

Like a prenuptial agreement, a postnuptial agreement, sometimes also referred to as a post-marital agreement, is a legal document signed by those married. Postnuptial agreements, like their premarital counterparts, establish an arrangement of how the married couple’s assets, including wealth, property and other items, will be distributed in the event of a divorce.

Contact an Experienced New Jersey Family Law Attorney Today

Family law has the potential to be the most contentious of all legal disputes. Prenuptial and postnuptial agreements can provide you and your spouse with the piece of mind in knowing that your financial futures are secured and deciding, preventing the need for the possibilities of a messy divorce.

If you are seeking a prenuptial or postnuptial agreement, or are just considering your legal options, give the Law Offices of James C. DeZao PA a call today at t for a consultation form one of our experienced, knowledgeable – and most importantly, caring – family law attorneys.

Prenup & Post Agreement