Marital Agreements

Marital Agreement Attorneys Morris County, NJ

Serving Couples across Madison, Randolph, Tewksbury, Florham Park, Hanover, Morristown, and Morris County

Many times, married couples, soon-to-be married couples, and even unmarried couples will wish to address certain financial rights, responsibilities, and obligations for both parties as the relationship moves forward. Bringing up the topic of signing any kind of marital agreement can sometimes be difficult, but the fact of the matter is that by discussing your individual needs and concerns, and the needs and concerns of you together as a couple, can often help a relationship to grow and feel more confident in your joint futures.

Marital agreements take several common forms, each of which we will discuss in detail below, but they each seek to protect individual property, grant legal authorities when it comes to health care or power of attorney, address what happens to specific assets and investments in the event of the death of a partner or a dissolution of the relationship, and what kind of support one party or the other can expect in the event of a divorce or dissolution of the partnership.

When entering into a marital agreement of any kind, there are several important steps to follow in order to ensure its legality, and each party will want to feel secure in the knowledge that their agreement properly addresses their unique needs and concerns, and is fair to both parties. This can often require experienced legal counsel in order to do so, and it is highly recommened that both parties entering into a marital agreement each retain separate legal counsel.

At Jacobs Berger, our family law attorneys have extensive experience working with clients to find constructive, fair, and accurate solutions to their legal needs and financial concerns in towns across Morris County, including Madison, Randolph, Hanover, Florham Park, Tewksbury, and Morristown. Whether you are soon-to-be married, already married, or committed to a domestic partnership or civil union, our firm is ready to provide you with the knowledgeable, effective, and creative legal counsel that you need and deserve in such important matters.

Contact our firm today to discuss the creation of your marital agreement, whether or not your existing marital agreement is valid and legally enforceable, or how to go about enforcing or contesting an existing marital agreement of any kind in a comprehensive and confidential case assessment today.

Prenuptial Agreement Lawyers Madison, NJ

Prenuptial agreements, sometimes referred to as ‘premarital agreements’,  are entered into by soon-to-be married couples, and as such, are typically viewed by the courts as a type of business arrangement. This is important when it comes to enforcing an existing prenuptial agreement as, if the couple follows the steps outlined for creating a valid prenuptial agreement (which you can view here along with more complete information regarding prenuptial agreements), most courts will consider the terms of such a prenuptial agreement to be legally binding and enforceable.

Premarital agreements are usually created in order to protect the individually owned assets of each party in the event of a divorce. For example, maybe one person owns their own business, while the other owns a home or real-estate property. Without a prenuptial agreements, over the course of the marriage, these assets will become co-mingled, and as such subject to equitable distribution laws. However, by creating a premarital agreement, each party can protect these individually owned assets, or even plan for exactly how they will be divided in the event of a divorce.

While no couple believes they will divorce, or even wants to consider such a possibility, many times the simple act of discussing such important matters can help the couple to grow their relationship, and feel more secure entering into the complex and important legal relationship of marriage. Over the course of your marriage, there will be many difficult topics to discuss and decide with your spouse, and by setting the tone for healthy and honest discussions in a premarital agreement negotiation, you can begin to build the foundation of a successful relationship, able to take on even the most trying situations.

Postnuptial Agreement Lawyers Florham Park, NJ

Postnuptial agreements, as the name suggests, are signed after a couple has already entered into a marriage. Postmarital agreements address many of the same issues any prenuptial agreement may seek to address, and can help the couple to feel more secure in their financial futures and obligations.

Unlike prenuptial agreements, postnuptial agreements can be much more difficult to enforce. Family courts recognize that there often exists complex emotional and relationship dynamics between married spouses, and as such may influence one party or the other to sign agreements which is not be in their best interests but they do so anyway in order to appease a more dominant spouse, or in an effort to keep their marriage together. If the court believes that one party felt pressured, or was coerced into, signing a postnuptial agreement, that agreement will most likely not be considered legally valid.

However, while there does exist a much higher standard for ensuring that any postnuptial agreement is legally binding and enforceable, it is certainly still possible to do so with the help of our experienced Florham Park postnuptial agreement attorneys. We can make sure that any postnuptial agreement you sign is fair to both parties, financially accurate, and is entered-into without any suspicion of manipulation or foul play. Conversely, if you have entered into a postnuptial agreement with your spouse, but felt pressured or forced to do so, we can help you to contest the validity of your postnuptial agreement, and ensure that your individual rights and interests are properly protected.

For more information regarding the specifics of postnuptial agreements, what they address, how they need to be drafted, and how or when they can be contested, please view our postnuptial agreement page here.

Non-Marital Agreement Lawyers Randolph, NJ

Also known as “cohabitation agreements” non-marital agreements can be even more important to the security and success of any relationship than prenuptial agreements or postnuptial agreements. This is because not only can a cohabitation agreement grant many of the same financial rights and responsibilities of a marriage to a non-married couple, they can also grant important legal powers and authorities to that couple which are normally only associated with a marriage.

For example, if one party falls gravely ill, their partner will not have the legal authority to make important decisions regarding their medical treatment, and in most cases will not even have the rights to be informed as to their partner’s conditition without addressing such a scenario in a cohabitation agreement. Furthermore, things like one partner’s life insurance policy or health care benefits will most likely not be available to the other partner without a non-marital agreement in place.

So not only can cohabitation agreements protect, and address, the financial rights and responsibilities of both parties in the event that the relationship dissolves, they can also grant important rights to that couple which are normally only associated with a marriage.

For more information regarding the creation of a legally valid non-marital agreement, and the rights and responsibilities it can address, please view our page on cohabitation agreements here.

Contact Our Morristown Legal Agreement Attorneys Today

At Jacobs Berger, our family law attorneys have extensive experience working with couples to draft, enforce, and contest marital agreements of all kinds across Madison, Randolph, Tewksbury, Florham Park, Hanover, Morristown, Morris County, and throughout New Jersey.

The unique approach of our firm focuses on “building family life plans out of family law problems”, meaning we seek to find constructive solutions to family law issues which protect the stability of your relationships with your partner and your children, and the stability of your family’s finances as a whole. We understand how hard you have already worked to create and achieve these relationships and financial security, and with this in mind, we will always seek creative solutions which maintain this foundation, rather than tearing it all down through unnecessary litigation and conflict.

Whether you wish to create, modify, enforce, or contest a marital agreement of any kind, we are prepared to thoroughly investigate your unique situation, take into account the unique needs and concerns of you and your family, and find a resolution which fairly protects your legal rights, financial future, and the future of your family.

To speak with our firm today in a comprehensive and confidential case assessment regarding a prenuptial agreement, postnuptial agreement, or non-marital agreement, please contact us online, or through our Morristown, NJ office at (973) 718-7705.