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

Somerset County Prenuptial Agreement Lawyer

Preparing for your wedding can be an exhilarating experience, filled with happy thoughts of spending the rest of your life with your future spouse. However, there are a few things you should consider first before making that huge lifetime commitment, especially if you have certain physical or financial assets that you would like to protect.

If you are a resident of and are planning to get married in Somerset County, it may be advisable to seek out and consult with a Somerset County prenuptial agreement lawyer who could help you determine whether a prenuptial agreement is right for you and your soon-to-be spouse. Work with an experienced marital agreements attorney that could look out for your best interests.

What is a Prenuptial Agreement?

A prenuptial agreement—also known as a premarital agreement, pre-civil union, or antenuptial agreement—is a contract made between two “prospective spouses… in contemplation of marriage,” made effective upon the legal start of the marriage and enumerated in N.J. Stat. Ann. 37:2-32 and 2-36.

The purpose of having a prenuptial agreement is to make decisions in advance on each spouse’s property rights and to ensure their respective assets obtained before the marriage will remain their own even if the marriage ends. The divorce process in New Jersey can be very time-consuming, but having a prenuptial agreement can help shorten that process and save both spouses some of the financial and emotional stress that comes from dealing with a divorce.

Contents of a Prenuptial Agreement

According to New Jersey state law, prenuptial agreements can address various marital issues, including, but not limited to:

  • Distribution of property upon divorce, separation, or death of a spouse
  • Modification/elimination of alimony
  • Division of accumulated assets during the marriage
  • Estate planning
Prenuptial Agreement Requirements in Somerset County

When drafting a prenuptial agreement, there are certain requirements and limitations that both spouses must follow under Somerset County and New Jersey state law.

In order for a prenuptial agreement to be valid and enforceable, it must “be in writing, with a statement of assets annexed thereto” and “signed by both parties,” according to N.J. Stat. Ann. 37:2-33. The attached statement details each prospective spouse’s assets and liabilities, so as to provide both spouses with a full and fair disclosure of their respective finances.

Although it is not required, before signing any prenuptial agreement, it is highly advisable that each prospective spouse consults their respective Somerset County prenuptial agreement lawyers, preferably at least a couple of months before their wedding date. If one spouse wishes to not consult an attorney, then a statement must be included in the prenuptial agreement saying that they voluntarily waived their right to independent legal counsel.

Child Support and Prenuptial Agreements

In Somerset County, issues regarding child support, visitation, and child custody cannot be included in any prenuptial agreement, because such terms could adversely affect one’s rights to child support. N.J. Stat. Ann. 37:2-35 specifies that those issues are generally decided by the courts in order to determine the best interest of the child in the event of a divorce or separation.

Calling a Somerset County Prenuptial Agreement Attorney

Discussing and preparing for a prenuptial agreement with your future spouse is rarely an easy experience. However, a Somerset County prenuptial agreement lawyer may be able to help you understand what you can and cannot include in an agreement. Contact an attorney now to schedule an initial consultation.