Somerset County Marital Agreement Lawyer

Whether you are planning to get married, planning for the future, or getting a divorce, it is advisable to consult with an attorney about preparing a marital agreement. An experienced marital agreement attorney in Somerset County is available to support you with all your legal needs.

A Somerset County marital agreement lawyer could assist you with any questions you may have regarding what marital agreements are, why couples enter into these agreements, and various types of marital agreements in the state of New Jersey.

What is a Marital Agreement?

A marital agreement is a written, legal contract made between two prospective, current, separated, or divorcing spouses. Many couples enter into marital agreements in order to outline the terms of issues such as, but not limited to:

  • Marriage preparation
  • Marital and non-marital assets
  • Division of property, separation
  • Child/spousal support
  • Custody and visitation
  • Settlement, retirement, and estate planning
Types of Marital Agreements in Somerset County

As a Somerset County marital agreement lawyer might explain, there are various types of marital agreements which may apply to different circumstances and types of relationships.

Prenuptial/Premarital Agreements

This is a type of marital agreement made between two prospective spouses before they are married that becomes effective once they are legally married, as outlined in New Jersey Statutes 37:2-32 and 2-36.

Furthermore, pursuant to New Jersey Statutes 37:2-34, issues that can be addressed under this type of marital include, but are not limited to: alimony, division of property upon separation or divorce, estate planning, and distribution of marital assets.

Postnuptial/Mid-Marriage Agreements

This type of marital agreement is a contract made between two current spouses after they are married, as opposed to before they are married.

Some couples enter into this type of agreement due to continuous marital conflicts; significant changes in financial circumstances such inheritance, job promotion, or debt; future planning; revision of an existing prenuptial agreement; or division of marital property upon separation or divorce.

Property Settlement Agreement

Also known as a marital settlement agreement, this type of marital agreement is a legal contract made between spouses during the divorce process. The purpose of this agreement is to outline the marital issues of a divorce, which include, but are not limited to, division of property, child and spousal support, retirement plans, custody and visitation, tax returns, and attorney fees.

If drafted properly, a final settlement agreement can be filed with the court.

Separation Agreement

This kind of marital agreement involves a contract between two current spouses who are separated from each other but have not filed for divorce. The marital issues addressed under this type of agreement are generally similar to those in a property settlement agreement, in addition to others like the freezing of marital assets and debt; mortgage/rent, utilities, and other household responsibilities during separation; and the steps to take if there is no reconciliation.

Unlike a property settlement agreement, this agreement does not need to be filed with the court.

Reconciliation Agreements

This is another type of post-marital agreement between two spouses for when their marriage has significantly broken down “to the brink of an indefinite separation or a…divorce,” as established in Nicholson v. Nicholson, 199 N.J. Super. 525 (App. Div. 1985). This type of agreement is unique because it is made to preserve the marriage rather than to resolve any indiscretion made between both spouses.

Contacting a Somerset County Marital Agreement Attorney

If you are considering entering into any marital agreement with your spouse, a Somerset County marital agreement lawyer is available to assist you with each step of the process. Call now to learn more.