Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Middlesex County Prenuptial Agreement Lawyer

For a long time, prenuptial agreements—also called premarital agreements—seemed to be something reserved only for the wealthy. However, prenuptial agreements have become much more prevalent in the last several decades and can be an important part of your financial planning as well as your marriage.

As with any contract, there are laws governing prenuptial agreements. Understanding these laws and what they mean for you is an important part of successfully engaging in the prenuptial agreement process.

A Middlesex County prenuptial agreement lawyer could help you understand the various aspects of prenuptial agreements and how one might fit into your marriage. Work with a skilled attorney that could help you find the agreement that works best for you and your partner.

Uniform Premarital Agreement Act

New Jersey passed its version of the Uniform Premarital Agreement Act to help ensure that New Jersey law governing this type of contract remains consistent with laws in other jurisdictions throughout the country. As specified in New Jersey Statutes Annotated Title 37 Section 2-34, parties to a prenuptial agreement may contract regarding:

  • Property rights in property obtained before or during a marriage
  • Distribution of property in the event of a divorce
  • Terms regarding or the elimination of spousal support
  • Estate planning
  • Choice of law governing the agreement

It should be noted that prenuptial agreements cannot eliminate or modify child support obligations for either party, and there are restrictions and guidelines associated with each of the aforementioned factors. Working with a Middlesex County prenuptial agreement lawyer could help ensure that the terms of a prenuptial agreement comply with the law.

Basic Requirements of a Prenuptial Agreement

Title 37 Section 2-33 lists some important requirements in order for a prenuptial agreement to be valid. First and foremost, the prenuptial agreement must be in writing. It cannot be an oral promise, even one witnessed by others.

The agreement must also contain a list of the assets and liabilities of each party at the time the agreement is made. In addition, it must be signed by both parties, and enforcement of the agreement cannot qualify as unconscionable—a legal way of referring to a contract as extremely unfair or unreasonable.

Finally, both parties must freely enter into the agreement. Working with a seasoned Middlesex County premarital agreement attorney is one way to possibly negate any potential future claims by one party that the agreement was entered into under duress.

Legal Assistance with Prenuptial Agreements

Prenuptial agreements can be intimidating and sound unpleasant, but they may serve a significant role in any marriage. They can help provide each party with peace of mind and may help both parties in an impending marriage approach their partnership with more confidence and security.

A prenuptial agreement attorney is often an important part of the prenuptial agreement process, especially one that takes the time to listen to a person's needs and concerns. Working with a dedicated advocate on these types of contracts may make the process easier for everyone involved.

Talking to a Middlesex County Prenuptial Agreement Attorney

Whether you are looking to draft or review a prenuptial agreement or you have questions about modifying an existing one after marriage, enlist a Middlesex County prenuptial agreement lawyer to work with you in addressing your premarital agreement concerns.