Middlesex County Marital Agreement Lawyer
Prenuptial agreements, also known are premarital agreements, are not just for Hollywood divorces. In fact, they have become quite common in today’s world.
There is a great deal at stake when it comes to New Jersey marital agreements, but with a dedicated, experienced marital agreement attorney by your side, the process can be less intimidating.
A Middlesex County marital agreement lawyer can help you draft and review your prenuptial or premarital agreement to ensure it complies with the law and contains terms that meet all your needs. Ultimately, these terms of your marital agreement will be the most important component of it, so it is equally important to make sure those terms are solid.Premarital Agreement Basics
Prenuptial agreements are agreements between prospective spouses that become effective at the time of marriage. These agreements are unique to each individual couple, but typically address issues like the division of assets including property and alimony. New Jersey Revised Statutes Title 37 Section 2-34 states that they may also include:
- The rights and obligations of each party in property that they acquire
- The role of a Will or other such document in carrying out the terms of the agreement
- Ownership rights and disbursement of assets like life insurance policies
New Jersey prenuptial agreements must comply with law and public policy, so they cannot be used to disclaim obligations under the law.Marital Agreement Requirements
As New Jersey premarital agreements have such a significant impact on the financial aspects of divorce, the state has some strict laws about how they must be designed.
First and foremost, Title 37 Section 2-33 requires that these agreements must be in writing. Second, the agreements must be signed by the parties to it and notarized. Finally, the agreements must be entered with full disclosure from both parties about all elements of their business and personal lives, such as financial assets and children.
While these requirements may seem relatively straightforward, provisions within prenuptial agreements must be designed in a specific way that ensures compliance with state law. Even one invalid provision could end up invalidating the entire agreement, which is why it can be so important to work closely with an experienced Middlesex County marital agreement attorney.Unenforceability
As with any contractual agreement, the potential unenforceability of a Middlesex County prenuptial agreement is of paramount importance. As outlined in Title 37 Section 2-38, a premarital agreement may be deemed unenforceable for several reasons, including but not limited to:
- Parties entered into them unwillingly or through coercive measures
- One or both parties failed to make a full and fair disclosure of assets and other pertinent information
- One or both parties did not work with independent legal counsel in drafting and entering the agreement
Working with an experienced Middlesex County marital agreement lawyer is a good way to ensure that the terms of an agreement will be enforced should the need arise.Benefit of a Middlesex County Marital Agreement Attorney
Talking about New Jersey marital agreements can be difficult. However, the benefits of having one in place can help you protect your financial stability while still enjoying the benefits of marriage.
If you are concerned about protecting your financial assets in marriage in the case of divorce, or if you have been asked to be a party to a New Jersey marital agreement of any kind, contact a Middlesex County marital agreement lawyer to schedule a consultation and find out more information about what a marital agreement might mean for you.