One of the most common types of marital agreements is that of a prenuptial agreement. A prenuptial or pre-civil union agreement (also called a “prenup”, premarital, or ante nuptial agreement) is a legal contract entered into between two individuals before their marriage or civil union.
The prenuptial agreement becomes effective upon marriage. Prenuptial agreements are generally used to set forth the rights and obligations of both parties concerning financial issues, such as the distribution of assets and/or payment of spousal support in the event of a divorce. The decision to enter into a prenuptial or pre-civil union agreement is a personal decision that warrants extensive discussion and consideration. Every couple’s situation is different; our experienced attorneys review and analyze the benefits and detriments of prenuptial agreements as relevant to our client’s unique circumstances. Our job is to make sure that clients understand their legal options, so they can take the right steps to achieve their goals and protect their interests.
New Jersey Law Regarding Prenuptial Agreements
Under New Jersey law, a prenuptial agreement must meet the following conditions:
- The agreement was entered into voluntarily
- The agreement was not “unconscionable” at the time the agreement was executed
Courts must examine various factors when determining whether a prenuptial agreement is unconscionable. For example, both parties must provide full and fair disclosure of their earnings, property and financial obligations. If one party waives this requirement (though we would never advise you to do so), it must be voluntary and in writing. Moreover, if one party did not, or reasonably could not, have had knowledge of the other party’s financial obligations, the agreement will be unconscionable and, therefore, void.
Another factor relates to consulting with a lawyer prior to executing the agreement. Both parties must seek their own independent legal counsel prior to entering into a prenuptial agreement or must waive in writing the right to do so.
If you have questions about prenuptial or civil union agreements or need assistance in negotiating a prenuptial agreement under New Jersey law, Attorneys at The Law office of Tejas S. Kapadia are prepared to guide you every step of the way. While no one enters into marriage thinking of its end, our lawyers know that a divorce or death can have far-ranging effects on our clients’ lives. We work diligently to ensure that our clients take the right steps to plan ahead and avoid costly, extended and unpleasant litigation.
The idea behind a prenup is to head into marriage with confidence and peace of mind covering all possibilities. Talk to your partner and have deep conversations about money, your future, and unforeseen circumstances. To learn more about the benefits of prenuptial agreements and how an experienced prenuptial agreement lawyer in New Jersey can help you, contact The Law Office of Tejas S. Kapadia.
We understand that if you are considering an attorney, then your matter is of extreme importance. Our response will be prompt, discreet and with the care and understanding that you deserve. Schedule an appointment with our Family attorney now.