In the past, prenuptial agreements have been viewed as taboo and simply an insulting topic to discuss while planning a wedding. However, these days, couples are beginning to understand better that this document is not supposed to be a negative thing. Rather, it is a positive way to ensure they are equally protected and treated fairly in the rare, unexpected instance of a future divorce. Read on to discover what a prenuptial agreement should cover and how a seasoned Morristown prenuptial agreement lawyer at Graves Andrews, LLC can review its terms and conditions to ensure its validity and enforceability in a New Jersey family court.
What information should a prenuptial agreement cover?
Essentially, a prenuptial agreement covers your and your fiancé’s assets. That is, this is a legal contract, between you and the person you are engaged to, that directs what should happen to your assets in the unfortunate event of a future divorce. More specifically, you and your fiancé may disclose the following provisions for your assets:
- Your and your fiancé’s rights of ownership over life insurance policies.
- Your and your fiancé’s rights of ownership over your separate property post-divorce.
- Your and your fiancé’s obligations toward maintaining the costs of your separate property post-divorce.
- Your and your fiancé’s preferences for short-term, long-term, or nonexistent alimony obligations post-divorce.
- Your and your fiancé’s preferences for handling joint property post-divorce (i.e., renting, selling, or keeping real property).
- Your and your fiancé’s preferences for financial responsibilities (i.e., who manages household bills, joint bank accounts, investment ventures, etc).
What makes a prenuptial agreement invalid and unenforceable?
You and your fiancé may have worked hard on outfitting your prenuptial agreement. And in the unfortunate event of your divorce, you may depend heavily on it to award you a fair and just outcome. So your heart may sink upon hearing the news that the New Jersey family court has deemed it invalid and unenforceable in your divorce proceedings. To avoid this anticlimatic result, you must understand that the following circumstances may lead to an illegal prenuptial agreement:
- You and your fiancé did not put this agreement down in writing.
- You and your fiancé did not sign this agreement before you exchanged your vows.
- You and your fiancé included false or incomplete financial information in this agreement.
- You or your fiancé claimed you did not read over this agreement before signing it.
- You or your fiancé felt pressured, threatened, or forced by the other to sign this agreement.
- You or your fiancé felt rushed by the other to sign this agreement and had little to no time for consideration.
You may rest easier knowing that a competent Morristown family law attorney can serve as your needed support system during this stressful time. So please call us at Graves Andrews, LLC today.
