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

Monmouth County Prenuptial Agreement Lawyer

At the outset of a marriage, nobody wants to think about the possibility that it will end. But with a large percentage of marriages ending in divorce, such issues must be faced, especially when there are significant financial and property matters involved.

Prenuptial agreements can be extremely complex. If they are not written correctly, they can be held invalid by the courts, leaving the parties to the mercy of the state’s laws. That is why you need a Monmouth County prenuptial attorney with specific experience in this area of law.

Unless the married couple creates a legally binding agreement that states otherwise, the law in the state where the parties live will control their property rights in the event of a divorce.

If you and your spouse want to set your own terms for how such matters will be handled, a prenuptial agreement should be written beforehand. Such matters can be assisted with the assistance of a Monmouth County family attorney.

Common Reasons to Have a Prenuptial Agreement

There are a few common reasons for making a prenup, which include:

  • Providing for children from prior relationships. A prenup can ensure that the children from previous relationships inherit certain property
  • Keeping finances separate. Some kinds of property acquired during marriage automatically become part of the marital estate. A prenup can define whether an asset is the separate property of one spouse or whether the asset is part of the marital estate
  • Establishing property rights in the event of a divorce. In divorce, state law will determine how to divide certain property acquired during marriage if a prenup does not exist
  • Defining financial responsibilities during marriage. A couple can use a prenup to make financial decisions like whether to open joint accounts

To be sure that the agreement will be considered valid in the future, it is a good idea for each party to have separate prenuptial attorneys in Monmouth County. Courts are sometimes hesitant to enforce such an agreement unless it can be shown that both parties went into it with full information and without any sort of coercion.

The Validity of the Prenup

There are several other reasons why a prenuptial agreement might not be enforceable, including:

  • One party was not given sufficient time to read the agreement and grasp all of its implications
  • It was based on false information about one party’s income, assets or liabilities
  • Crucial information was omitted
Additionally, a prenuptial agreement cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce.

Like other contracts, courts can decline to enforce marital agreements if it finds them unconscionable. Certain extreme provisions – giving up one’s right to inherit from a spouse, or to receive any spousal support at all no matter how great the disparity in income – could be held invalid under this doctrine.

Postnuptial agreements are similar to prenuptial agreements, with the most obvious difference being that postnuptial agreements are signed after the parties are married, instead of before the wedding takes place.

Postnuptial agreements have been found to be valid, as long as they abide by the same rules as prenuptial agreements. Such legal matters can be best explained using a Monmouth County prenuptial agreement attorney.

Contact an Attorney

The legal and financial questions raised by prenuptial and postnuptial agreements are intricate. Add the emotional issues that arise in any sort of family law matter, and you have the makings of a highly complex situation.

That is why it is critical to get advice from prenuptial agreement attorneys in Monmouth County with experience in these cases – with both the family law background and the financial expertise to provide their clients with the best possible representation.