Edison Township Marital Agreements Lawyer

Marital agreements may be a convenient planning device for a couple before and during marriage. A well-written agreement could resolve important issues regarding assets, debts, and support in the event of a future divorce. Even if a dissolution of marriage never occurs, marital agreements could avoid conflicts by setting clear guidelines for financial rights and responsibilities during the marriage.

Marital agreements are regarded as legally enforceable contracts between two people. Legal documents such as marital agreements can contain complicated details that may be confusing to the average person without the help of a knowledgeable attorney. This makes it important to work with an Edison Township marital agreements lawyer who could help draft an agreement that is tailored to a couples’ individual needs.

Issues Addressed in Marital Agreements

Marital agreements can address many different issues. Commonly they include:

  • Ownership of separate assets
  • Division of marital assets
  • Division of debts
  • Duration and amount of spousal support
  • Issues regarding children such as maintenance, care, and education

New Jersey typically follows equitable distribution law when dividing and allocating property and other assets in a dissolution of marriage. Assets acquired during a marriage may be titled in one spouse’s name but considered jointly held for distribution purposes. Equitable distribution often refers to being fair and reasonable in the eyes of the court, but it does not always mean an equal 50/50 split.

Before a couple signs a marital agreement, it may be helpful to seek independent legal advice. Understanding the terms of a legal document, such as a marital agreement is important. Examining the document and potential issue areas in the contract may help both parties create a marital agreement that is fair and equitable. For a marital agreement to be considered a valid legal document, it typically must be signed voluntarily without the person being under duress or coercion.

Different types of Marital Agreements

When deciding what marital agreement is appropriate, couples may consider several documents including:

  • Prenuptial agreements
  • Postnuptial agreements
  • Separation agreements
  • Settlement agreements

These documents are typically designed to ease the process of a potential marriage dissolution. When filling out these documents, it is strongly recommended to retain the services of an Edison Township marital agreements lawyer.

Prenuptial and Postnuptial Agreements

A prenuptial agreement is a contract between spouses prior to marriage that addresses division of assets and spousal support in the event of a divorce. The main goal is to protect individual assets from division. The agreement is typically required to be in writing, signed voluntarily, notarized, and the parties must attach a list of assets and debts to the agreement.

In a postnuptial agreement, the document is generally executed after a couple is legally married. It typically addresses financial issues during a marriage, such as specifying which spouse is entitled to an inheritance or what happens if a spouse becomes unemployed. Sometimes, a postnuptial agreement is drafted to update a prenuptial agreement when needs or circumstances change.

Separation and Settlement Agreements

New Jersey courts usually do not formally grant legal separations, but a couple may choose to live apart under two scenarios. A couple may decide to live apart for a time with the possibility of reconciliation in the future or until a formal divorce is granted. Under either scenario, a couple may wish to put guidelines in place to cover this period. 

A separation agreement typically addresses many issues that could be covered in an agreement prepared for divorce but may not contain as many specific details. A separation agreement generally covers the time between when the spouses separate and the when a final settlement agreement is signed at the divorce.

These agreements are often required to be filed with the court. Generally, they provide rules for former spouses after the divorce. A settlement agreement may use a previously drawn separation agreement as a general guide, or it may adopt all terms of the earlier agreement. For help with filling out these agreements, get in touch with an Edison Township marital agreements lawyer

Contact a Knowledgeable Edison Township Marital Agreements Attorney

A skilled Edison Township marital agreements lawyer could help create a solid agreement that caters to your needs and goals. Drafting a comprehensive contract prior to marriage may reduce the stress of organizing assets and setting boundaries after experiencing a dissolution of marriage.

Call today for a free appointment to help you get started. A skilled attorney could help examine potential legal options or possibly advise on how to create a fair marital agreement.