How do I Know if My Prenuptial Agreement is Valid in New Jersey?
If you are someone who is ready to take the next step with your partner and get married, you are most likely very excited. However, just as couples spend months planning for their wedding, honeymoon, and more, they should consider taking some time to plan for the worst as well. Of course, doing so is not exactly a romantic notion, however, the truth is, the stigma attached to drafting prenuptial agreements is largely eliminated in today’s society. In fact, more and more couples across the state of New Jersey and in the United States now simply see them exactly for what they are: useful tools that can save them both greatly in the long run.
Essentially, a prenuptial agreement is a document that you and your future spouse will draft together that outlines what will happen to certain assets, should you ever get divorced. The equitable distribution process associated with contested divorce is complicated, and having a prenuptial agreement in place can help you both avoid the cost and stress associated with it.
That being said, before you draft your agreement on your own, you should understand that for a prenuptial agreement to be considered valid and enforceable in the eyes of New Jersey law, it must first meet several qualifications. For this very reason, you should strongly consider hiring an experienced Chatham family law attorney who can help you and your future spouse draft a successful agreement that will be recognized by New Jersey law. Below is a list of all requirements your agreement must fulfill.
Qualifications for a Valid Prenuptial Agreement in the State of New Jersey
To have a valid prenuptial agreement in NJ, it must meet the following criteria:
- First, it must be drafted before marriage.
- Your prenuptial agreement must also always be in writing.
- You and your future spouse must retain independent counsel.
- Your agreement must fully disclose both you and your future spouse’s assets.
- There cannot be any evidence of manipulation, coercion, or deceit into signing the agreement. Additionally, the agreement must be fair and just to both spouses, and both spouses must have had sufficient time to consider whether they wish to sign the agreement.
If you have any additional questions about prenuptial agreements or you and your future spouse are ready to draft one, please do not hesitate to give our experienced New Jersey family law attorneys a call today. We are ready to get started.
Contact our experienced New Jersey firm
If you are considering a divorce and need an attorney who can effectively represent you through every step you can count on Lazor Rantas, PC. We proudly serve clients throughout New Jersey as they navigate divorce and family law matters. To discuss your case with an experienced legal team, contact Lazor Rantas, PC today.