Family Law: Prenuptial Agreements

Prenuptial agreements can often be a touchy topic for many couples about to get married.  Yet such agreements can frequently be necessary when at least one of the parties entering into a marriage has significant assets that may need protecting. At Helmer, Conley & Kasselman, P.A., our New Jersey prenuptial agreement lawyers can assist you in crafting the right premarital agreement to suit your needs. We will help to ensure protection of assets later down the road.

Why Do You Need a Prenup? 

In New Jersey, prenuptial agreements, also known as premarital agreements or prenups, are enforceable and are specifically governed by statute. Premarital agreements must be in writing. They must be accompanied by a statement of assets attached to the agreement.  All parties must be fully aware of the assets owned by each party. That way, it is clear that each party understands what he/she may be giving up as an entitlement in the event the marriage is unsuccessful.   

A premarital agreement must be signed by both parties. Both parties must enter into the agreement knowingly and voluntarily.  In other words, signing the agreement cannot be a condition of the marriage because then it appears that the agreement was threatened or coerced and was not entered into voluntarily. 

Even though a premarital agreement may protect one’s premarital assets, such agreements are not necessarily immune from attack.  A premarital agreement will be reviewed for its fairness at such time that one seeks to enforce the agreement.  Since circumstances can change from the date the agreement is entered into to the time it is enforced, a premarital agreement can always be attacked for its fairness.

New Jersey Prenuptial Agreement FAQs

What Types of Issues Can (and Should) You Address in a Prenuptial Agreement?

One of the great things about prenuptial agreements is that fiancés can pick and choose the terms they want to include. There is no such thing as a “standard” prenup, and an agreement that works for one couple might be entirely inappropriate for another. When you hire a New Jersey prenup attorney at Helmer, Conley & Kasselman, P.A. to represent you, your attorney will help you consider potential terms such as:

• Rights and obligations regarding joint and separate property
• Rights and obligations regarding joint and individual debts
• Terms regarding health insurance and life insurance
• Terms regarding retirement accounts and pensions
• Predetermination of spousal support (alimony) obligations
• Responsibilities for budget management and other household tasks
• Restrictions on spending marital assets and financial responsibility

Can You Avoid Alimony with a Prenup in New Jersey?

Yes, in New Jersey, spouses can use a prenup to agree that alimony will not be a part of their divorce (should they ever get divorced). However, given the implications of one fiancé waiving his or her right to alimony, it is extremely important to craft these provisions carefully with the help of an experienced New Jersey prenuptial agreement lawyer.

Are There Any Limitations on Prenuptial Agreements in New Jersey?

Yes, there are some limitations on prenuptial agreements in New Jersey. For example, fiancés cannot use their prenup to make arrangements regarding post-divorce child custody. Our attorneys can help ensure your prenup is fully enforceable under New Jersey law.

Will My Spouse Be Able to Challenge Our Prenup?

A well-drafted prenup entered into under appropriate circumstances should not be subject to challenge in court. This is yet another reason to hire an experienced New Jersey prenup attorney. If mistakes are made when drafting or signing a prenuptial agreement, the agreement may be at risk of invalidation. Some examples of issues that can invalidate a prenup include:

• One spouse signed the prenup involuntarily or without competent legal representation
• One spouse signed the prenup without receiving full disclosure of the other spouse’s income, assets and financial obligations
• The prenup’s terms are “unconscionable” or unreasonably unfair to one spouse

Schedule a Confidential Consultation with a New Jersey Prenup Attorney

Our lawyers help fiancés and spouses in New Jersey craft custom-tailored prenuptial and postnuptial agreements. To discuss your options with an experienced New Jersey prenup attorney in confidence, please call 877-435-6371 or request an appointment online today.