Prenuptial Agreements in New Jersey

A prenuptial agreement is entered into before parties get married.  The agreement sets forth each party’s rights to property division and spousal support if the relationship ends in divorce.  The agreement can also address issues related to the division of property upon the death of one of the spouses if the marriage was failing at that time.  Many parties do not know how to approach the topic of a prenuptial agreement with their future spouse.  They are concerned that the discussion may ruin the marriage before it starts.  However, if the parties have assets and income at the time that they get married, a well drafted prenuptial agreement can provide them with certainty, and actually make their relationship better.  It is obvious that the pre-nuptial agreement should be discuss long before the parties’ wedding day so neither party feels pressured.  Also, the New Jersey statute requires that each party be represented by counsel, or specifically waive their right to counsel.  Moreover, the prenuptial agreement must be in writing, signed by both parties, and have a complete list of assets and liability annexed.  If you have any questions about a prenuptial agreement, or you are unclear whether you need a prenuptial agreement, please contact us.  We will be pleased to discuss the issues with you.