Here in the year 2022, we’re glad to say that the stigma surrounding prenuptial agreements is finally mostly in the rearview mirror. In today’s day and age, more and more couples are realizing the pragmatic and mutually beneficial nature of prenuptial agreements, especially while living in a society where divorce is at an all-time high. If you’re interested in drafting such an agreement with your future spouse, simply read on and reach out to a dedicated Morristown prenuptial agreement lawyer from Graves Andrews, LLC to learn more about these agreements and whether drafting one is right for you and your fiance. Here are some of the questions you may have:

What can I protect in a prenuptial agreement?

People are often relieved to find just how broad of a scope prenuptial agreements can have. Typically, people will draft prenuptial agreements to protect certain property from equitable distribution in a future divorce. For example, if you own a business, if you don’t include that business in your prenuptial agreement, your spouse may very well be entitled to a portion of it in a divorce. You can also protect other assets, such as memorabilia, jewelry, real estate properties, handling of life insurance policies, and more. That said, prenuptial agreements do have limits. For example, they cannot predetermine child custody/support arrangements, should a couple ever get divorced.

What makes a prenuptial agreement valid and enforceable under NJ law?

For a prenuptial agreement to be considered valid and enforceable, it must meet the following criteria:

  • It must be in writing
  • It must be fair and just to both parties
  • It must be notarized
  • It must include full disclosure of assets
  • There must be no evidence of manipulation or coercion into signing the document

What if I never draft a prenuptial agreement?

Couples who haven’t drafted prenuptial agreements may still draft postnuptial agreements after marriage, which serve the same basic purpose. That said, if you haven’t drafted either agreement and are now getting divorced, you’ll need an experienced Chester divorce lawyer who can protect your hard-earned assets from the equitable distribution process.  Whether you’re looking to write up a prenuptial agreement or need an attorney to guide you through litigation, you can depend on Graves Andrews, LLC. Give us a call today so we can get started on your case.

Contact Our Experienced New Jersey Firm

Graves Andrews, LLC is an experienced Morris County family law & criminal defense law firm serving all of New Jersey. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you. Reach out to our experienced attorneys today to get started.