Prenuptial Agreement Attorneys Morris County, NJ
Protecting the Future of Couples across Randolph, Madison, Tewksbury, Morristown, and Morris County
Planning for your future, both as a couple and as individuals, is an important step for all soon-to-be-married couples to take. While it may be difficult to discuss, or even consider the possibility of, a future divorce, the fact of the matter is that by having exactly this discussion, and creating a prenuptial agreement, you and your future spouse can feel even more confident and secure going into your marriage. You will have the knowledge that not only are you and your future spouse able to discuss difficult, but important matters, your financial and legal futures are protected and secure.
Prenuptial agreements, or premarital agreements, can help individuals protect individual interests such as businesses and properties from being absorbed into the marriage, contain a plan for spousal support, and also provide for children of previous marriages.
At Jacobs Berger, LLC, our honest yet caring approach has gained us the respect and trust of clients across Madison, Randolph, Tewksbury, Morristown, and the greater Morris County area. Our family law attorneys are here to provide the counsel you need in order to draft comprehensive, effective, and binding prenuptial agreements that are applicable to your unique situation, needs, and concerns.
Contact our firm today to discuss your options and concerns regarding a prenuptial agreement in a confidential case assessment.
What can my Morris County Prenuptial Agreement Include?
Prenuptial agreements can cover a wide variety of issues, but in general are designed to protect the individual property and financial interests of both parties. Contrary to common belief, prenuptial agreements are drafted not only to protect these assets and interests in the event of a divorce, but in case of a separation, death, or any other circumstance the couple may wish to address as well.
If you are considering drafting or signing a prenuptial agreement, it is highly recommended that you first consult with out Randolph prenuptial agreement attorneys in order to determine if your prenuptial agreement accurately, legally, and comprehensively addresses your specific needs and concerns. With that being said, some of the specific issues a prenuptial agreement can address are:
- The rights of both spouses to joint and individual property
- The rights of both spouses to buy, sell, use, transfer, exchange, abandon, lease, assign, dispose of, or manage specific assets or properties during the marriage
- How certain assets will be divided in the event of divorce, separation, death, or any other circumstance the couple wishes to address
- Alimony and spousal support
- Ownership and handling of life insurance policies
- Visitation or custody of minor children
- Any other matter the couple wishes to address given it is not against public policy
Before drafting your prenuptial agreement, it is important that you and your future spouse first identify exactly which issues you wish to address in your prenuptial agreement. While it is possible to proceed with the creation of a prenuptial agreement without an attorney, it is highly recommended that you do not, as the issues you are deciding in your prenuptial agreement can have serious consequences to your rights, obligations, finances, and options moving forward.
Is my Randolph, NJ Premarital Agreement Legal?
In order for any premarital agreement to be considered legal, and enforceable, your premarital agreement will need to be drafted following the requirements outlined in New Jersey’s Uniform Premarital Agreement Act. If any of the requirements listed below are not expressly followed, your premarital agreement and the terms it includes will most likely not be considered valid. The requirements for a legal and binding premarital agreement are:
- The premarital agreement must be in writing, signed by both parties
- Both parties must retain separate legal counsel, or expressly waive their right to counsel in writing
- Both parties must fully, accurately, and without deception disclose all relevant financial information, and attach this disclosure to the agreement
- The agreement must be signed without coercion, duress, or deception by either party
As we noted, in order for a prenuptial agreement to be considered legal and enforceable, any and all financial disclosure requests need to be made accurately, and in full. If assets are withheld, or improperly valued, it can seriously jeopardize the validity of the entire premarital agreement.
Modifying a Morris County Premarital Agreement
Premarital agreements can also be modified after their initial drafting. As your needs or financial circumstances change, so can your prenuptial agreement. However, in order for a prenuptial agreement to be modified, both spouses will need to sign a written agreement attesting to these modifications.
As with the drafting of your initial prenuptial agreement, our attorneys can help ensure that any and all of terms outlined in your proposed prenuptial agreement modification accurately reflect your needs, and are fair and legal.
Contact our Madison Premarital Agreement Lawyers Today
At The Law Office of Jacobs Berger, our attorneys have the experience, legal knowledge, and honest legal counsel you need any time you are drafting, modifying, or contesting the legality of a prenuptial agreement in Randolph, Madison, Tewksbury, Morristown, and the greater Morris County area.
Our attorneys strive to help our clients create the legal building blocks for successful, protected, and enjoyable lives, and we are ready to put this unique approach to work for you today in any family law matter, including issues and concerns you have pertaining to premarital agreements.