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Getting married is easily one of the happiest moments in any person’s life. When you make the decision to spend the rest of your life with someone you love, it can seem incredibly odd to also decide to make plans and agreements for what happens when you and your spouse-to-be get divorced. However, the unfortunate reality is that a majority of all marriages will end in divorce. You may firmly believe that your marriage can’t possibly end in divorce, but statistics show that divorce is the most likely outcome for any marriage. As a result, it makes perfect sense to begin to make decisions about your and your spouse-to-be’s economic and personal affairs in the event your marriage ends in divorce. This can be accomplished through a prenuptial agreement.
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If you are considering a prenuptial agreement or have been presented with an agreement to sign, or if you are in the middle of a divorce and have questions about the enforceability of your prenup, you need experienced legal representation to help ensure that your rights and interests are protected in whatever agreement you sign. Contact the New Jersey family law attorneys at Team Law for a no-cost initial case review to learn more about how our lawyers can help.
Couples may enter into a prenuptial agreement prior to their marriage or civil union; such agreements must be signed by both partners or spouses, and the agreements go into effect upon their marriage or civil union. Prenuptial agreements can then only be amended or revoked by a written agreement signed by the couple (such as a postnuptial agreement).
Prenuptial agreements allow couples to clearly define separate and marital property and decide how their income and assets are to be handled in the event of the couple’s divorce or dissolution of their civil union. It can be easier to negotiate these issues at the beginning of your marriage or civil union, rather than when you are seeking divorce or dissolution of a civil union and your and your spouse’s or partner’s personal relationship has deteriorated.
Couples may seek to negotiate and enter into a prenuptial agreement to decide such matters as:
However, prenuptial agreements cannot be used to “adversely affect the right of a child to support”, since child support is considered the right of a child and therefore cannot be negotiated away by his or her parents.
Although New Jersey courts will generally enforce prenuptial agreements, the court must first find that the agreement was signed intelligently, knowingly, and voluntarily by the spouses, with full disclosures by both spouses, and that the agreement is fair and equitable to the parties. If you are in the middle of negotiating a prenuptial agreement with your spouse-to-be, the family law attorneys at Team Law can advocate on your behalf to help you arrive at agreement terms that protect your rights and interests. We take the time to get to know you and your family and understand what is most important to you.
If you are getting divorced, our experienced family law litigators can help you ensure that your prenuptial agreement is incorporated into your judgement of divorce, or if you have questions or concerns about the validity or fairness of the prenuptial agreement you signed, our attorneys can thoroughly investigate the circumstances under which your prenup was negotiated and executed and potentially challenge the agreement or provisions inside as procedurally deficient, unfair or inequitable, or unconscionable.
A prenuptial agreement can seriously impact your rights and assets. Let our dedicated lawyers fight for your interests.
Negotiating a prenuptial agreement requires careful attention to detail. And if you are seeking to invalidate or void a prenuptial agreement you have already signed, you will likely need experienced legal representation who can establish one of the legal grounds for voiding an otherwise valid prenuptial agreement. When you are negotiating a prenuptial agreement or engaged in a dispute over its enforcement, schedule a free, no-obligation consultation with the New Jersey family law attorneys at Team Law to discuss your legal rights and options and to learn more about how our skilled attorneys can help protect your interests.
Generally speaking, New Jersey law recognizes the enforceability of prenuptial agreements. However, it is generally advisable to retain legal representation for both yourself and your spouse-to-be to ensure that all issues are covered by your agreement, that the agreement doesn’t contain any unenforceable language, and that all proper procedures are followed to ensure that a court will enforce the agreement in the event of a divorce.
Courts will still generally enforce prenuptial agreements even if one party later decides that the terms of the agreement are unfair to him or her. Courts will usually only invalidate or void a prenuptial agreement if it is proven that the agreement was procured through undue influence, duress, or fraud by one party on the other. For example, the court may find that fraud occurred during the formation of a prenuptial agreement if one party concealed material financial information from the other party.
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