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No one gets engaged and married thinking that it will eventually come to an end, but things happen during a marriage that often make planning ahead not only wise but also necessary. A Bergen County prenuptial agreement lawyer can help you protect your premarital assets so you can start your marriage with peace of mind.
Since a prenuptial agreement is a legal document, it’s important to consult a family law attorney to draft one. The legal team at The Montanari Law Group understands how divorce or death can have far-reaching effects on someone’s life. With more than three decades of combined experience, our Bergen County family law attorneys work to ensure that our clients take the necessary steps to plan ahead so they can avoid expensive, extended litigation.
Even though the divorce rate continues to decline, over 1.8 million Americans got divorced in 2023. If you and your partner are considering marriage, you may also be discussing a prenuptial agreement. A prenup is a legal contract entered into by two individuals before a marriage or civil union. The agreement becomes effective when the two people get married and is enforceable in court, just like any other contract.
A prenuptial agreement can determine each spouse’s rights and responsibilities in the event the marriage ends in divorce. It also covers how marital assets will be divided and who will pay spousal support. A prenup can protect property and assets, including:
Many people think that prenups are only necessary for wealthy couples, but this is not the case. About 50% of adults in the U.S. support the use of prenups. This is especially true of younger adults, with 47% of engaged millennials entering into prenups. These agreements can benefit any couple considering marriage by providing financial transparency and fostering open discussions about finances and plans for the future.
Prenups are recommended in a variety of situations. You may want to consider hiring a prenuptial agreement lawyer if you:
Our lawyers can assess your circumstances and explain how a prenuptial agreement could be good for you and your partner.
According to the New Jersey Uniform Premarital Agreement Act, a prenuptial agreement must be in writing and signed by both parties. New Jersey law mandates that the agreement include full financial disclosure from both parties. This means that both parties must provide an accurate list of assets, income, debts, and liabilities.
Both partners should consult a Bergen County prenuptial agreement attorney before signing the agreement, but if one of the parties chooses not to, they should state in writing that they knowingly and voluntarily waived their right to consult an attorney. Although it is not required by New Jersey law, having the prenuptial agreement notarized is also recommended.
Some challenges that may make a prenup invalid include a lack of full financial disclosure, failure to follow proper procedures, such as signing the contract too close to the wedding, or failure to comply with state-specific filing or signing laws.
A prenup can be invalidated in the Family Division of the Superior Court in the Bergen County Justice Center in Hackensack if one of the parties signed the contract under duress, or if the terms of the agreement are determined to be unfair.
For example, if a prenup would leave one spouse without an income or savings for retirement, while the other retains the majority of the assets in the event of a divorce, this could be seen as an unfair agreement.
It is also necessary for both parties to have the mental capacity to understand the agreement they are signing.
When it comes to a prenuptial agreement, there is often a lot at stake. This is just one of the reasons it’s important to work with an experienced attorney who can draft, review, and finalize your agreement to ensure it protects you and your assets.
An experienced prenuptial agreement lawyer can help you avoid common mistakes in prenuptial agreements and help you understand what a prenup does and does not cover, such as any child-related provisions or household duties.
The cost of a prenuptial agreement in Bergen County depends on the complexity of the agreement. A prenup that involves more assets, debts, and businesses will take more time and cost more than a simple agreement. Some attorneys charge a flat fee, while others may use a retainer and charge an hourly rate.
It is highly recommended that you consult an attorney for a prenuptial agreement in New Jersey. While New Jersey prenup laws do not require you to hire an attorney, working with knowledgeable legal counsel can help ensure your agreement is fair and enforceable in court. A judge can reject an agreement that is not written properly.
A prenuptial agreement can be challenged in a Bergen County court if there are any factors that would make it invalid. Under N.J.S.A. 37:2-38, it is the duty of the party who believes the agreement is unenforceable to prove that it is not valid or that the terms are no longer reasonable.
An experienced family law attorney is the ideal choice for a prenup. You want to work with someone who has experience with marital agreements like prenups. Our family law attorneys can ensure your agreement is legally valid in New Jersey and help ensure that both parties understand the terms and implications of the prenup to avoid misunderstandings.
Planning a future with a spouse involves making informed decisions together. The legal team at The Montanari Law Group has extensive experience helping clients with prenuptial agreements. We understand the complexities of the agreements and are committed to providing the legal services needed to protect your rights and interests. Contact us today for a free consultation.