If you and your spouse have a prenuptial agreement (or “prenup”), it will be important to make sure you know how your prenup will impact your divorce. Terms regarding ownership of separate and marital property, terms regarding financial support obligations, and other substantive terms can play a key role in determining the outcome of the process. “Sunset” clauses and other technical terms can also play a key role.
When preparing for a divorce, it is important to ensure you make informed decisions based on your unique circumstances. The decisions you make now could impact your life for years (if not decades) to come, and making informed, reasoned decisions will help ensure the process is as efficient and amicable as possible.
If you have a prenuptial agreement (or “prenup”), making informed and reasoned decisions starts with reviewing its terms. An experienced Vineland family law attorney can help, and engaging one early in your preparations will help you feel confident as you move forward.
What Are Some Key Prenup Terms to Consider When Preparing for a Divorce?
All prenups are unique. As a result, as you prepare for your divorce, it will be important to make sure you know the terms of your agreement that will impact the process. With this in mind, some common examples of key terms that divorcing spouses will need to consider during their initial preparations include:
1. Ownership of Separate and Marital Property
While New Jersey is an equitable distribution state, couples can avoid the application of New Jersey’s default equitable distribution rules by addressing ownership of separate and marital property in their prenup. If you and your spouse agreed to a distribution that deviates from what would otherwise be required, the terms of your prenup will be controlling—as long as it is enforceable under New Jersey law.
2. Responsibility for Separate and Marital Debts
Along with addressing ownership of separate and marital property in their prenups, couples will often address responsibility for their separate and marital debts. Here too, the terms agreed to in a legally enforceable prenup will take precedence over the default rules that would otherwise apply.
3. Financial Support Rights and Obligations
When getting married, fiancées will often make arrangements to ensure they can both maintain their standard of living in the event of a divorce. If your prenup includes provisions for post-divorce financial support, they will generally be enforceable as well.
4. Sunset Clauses and Other Technical Terms
Sunset clauses allow couples to take a short-term approach to addressing short-term needs and concerns. If your prenup includes a sunset clause, it will be important to make sure you know whether (and to what extent) it applies. Various other technical terms can also play an important role in determining a prenup's applicability during the divorce process.
5. Income and Asset Disclosures
When entering into prenups, couples often include income and asset disclosures that provide—or are supposed to provide—a complete and honest portrayal of their financial circumstances. In some states, including New Jersey, this is a requirement for a prenup to be enforceable. If your spouse omitted any material information from his or her disclosure, this could potentially serve as grounds to challenge your prenup in court.
FAQs: Divorcing with a Prenup in New Jersey
Are prenups enforceable in New Jersey?
Yes, as a general rule, prenups are enforceable in New Jersey. With that said, various issues can render a prenup unenforceable under New Jersey law. As a result, if you are preparing to go through a divorce in New Jersey and have a prenup, assessing its enforceability will be a key first step.
What if my spouse hid information from me when we signed our prenup?
If your spouse hid information from you when you signed your prenup, this could render your prenup unenforceable. For example, if your spouse withheld information about his or her assets or income, this could serve as clear grounds to set your prenup aside during your divorce.
How can I enforce my prenup during my divorce?
If your spouse questions the enforceability of your prenup, enforcing its terms may require going to court. That said, it is possible to achieve an amicable out-of-court resolution in many cases. Once you hire an experienced family law attorney to represent you, your attorney will be able to assist with taking the appropriate steps to enforce your rights as efficiently as possible.
How Our Family Law Firm Can Help
At Helmer, Conley & Kasselman, P.A., we provide experienced legal representation for divorcing spouses in Vineland and throughout New Jersey. If you are preparing to go through a divorce with a prenup, an experienced family law attorney at our law firm can guide you forward. Our services for divorcing spouses include:
- Reviewing prenups to assess their enforceability under New Jersey law
- Challenging unenforceable prenups when warranted
- Applying relevant prenup terms regarding property distribution and financial support
- Determining the applicability of sunset clauses and other technical terms
- Addressing parenting time, child support, and other matters not covered by our clients’ prenups
In most cases, a divorce in New Jersey does not require going to court—and we work to help our clients achieve amicable resolutions whenever possible. But we also fight to protect our clients’ interests in court when necessary, and as your law firm, we will be fully prepared to protect your interests by all available means.
Speak with a Vineland Family Law Attorney in Confidence
If you would like to speak with an experienced Vineland family law attorney at Helmer, Conley & Kasselman, P.A., please get in touch. To schedule a confidential initial divorce consultation, please call 877-435-6371 or tell us how we can reach you online today.