Many couples decide to form a prenuptial agreement prior to getting married. Additionally, sometimes a person may be required to get a prenuptial agreement if they will eventually inherit a large sum of money, are owners of a trust or are part of a family business.
A prenuptial agreement allows spouses to come to an agreement about finances before any issues come up. It also may ease the mind of the spouse who is coming into the marriage with considerable assets to ensure that they are not only protected but also to increase the possibility that the other person is not entering into the marriage only for financial reasons.
A marital agreement can have serious financial repercussions on both individuals. They also have specific requirements that must be met in order to be valid. Speaking with an East Brunswick prenuptial agreement lawyer can leave you better informed about the law. Consult a qualified attorney about whether this agreement is in your best interest or not.Benefits of a Prenuptial Agreement
There are several reasons why a person may want a prenuptial agreement prior to getting married.
If an individual wants a prenuptial agreement, they should consult an East Brunswick prenuptial agreement lawyer that can discuss the benefits and drawbacks of such an agreement.Prenuptial Agreement Law
This law describes the types of agreements that can be included in a prenuptial agreement. It is very broad and will allow couples to agree on most issues. However, the court will generally not enforce any agreements regarding children such as child custody, visitation or child support.
This is because when determining child support the court will need to analyze what is in the best interest of the child and often a prenuptial agreement may not accurately reflect that. As for child support, the court will not allow a private agreement to allow one parent to escape their duty for the financial responsibility to their child.Areas Covered in a Prenuptial Agreement That Do Not Involve Child Support
Some of the areas that can be covered by a prenuptial agreement is how to divide up any property, how much (if any) spousal support will be provided, and who has rights to a life insurance policy.
Prenuptial agreements can also include clauses that will either change or end the agreement depending on if certain situations occur. For example, the prenuptial agreement can be written with a deadline that says if the couple is married for at least 25 years then the agreement will no longer be valid.Legal Requirements of a Prenuptial Agreement
In order for a prenuptial agreement to be valid it cannot be unconscionable and must be entered into voluntarily.
A court will hold that a prenuptial agreement is unconscionable if one person did not give a full disclosure of all their assets and there was no way the other person could reasonably find out about the assets. This also applies if the other person did not expressly, and voluntarily waive their rights to a full disclosure.
It will also be considered unconscionable if one person did not have their own independent lawyer review and represent them for the prenuptial agreement. Or the person did not expressly and voluntarily waive their right to their own legal representation.
Finally, prenuptial agreements are involuntary if one person was threatened or harmed into signing it.Talking to an East Brunswick Prenuptial Agreement Attorney
An East Brunswick prenuptial agreement lawyer can help you negotiate and write up a prenuptial agreement. They can also make sure that your agreement meets all the legal requirements and will be upheld in court. Contact a prenuptial agreement lawyer and know that you are in capable hands.