The last thing anyone wants to think about before their marriage is the potential of a divorce. It seems contradictory. However, just as you would prepare for your marriage, you should plan for a divorce, even if you know a divorce will never happen. Many people believe there is a stigma attached to drafting a prenuptial agreement, but this should not be the case. If you believe that you and your spouse are interested in drafting a prenuptial agreement, here are some of the questions you may have:
What are the benefits of a prenuptial agreement?
There are many potential benefits of a prenuptial agreement. If you and your spouse were to get a divorce and you did not draft a prenuptial agreement, there is a good chance you will end up losing out on your hard-earned assets. Additionally, in the event of a divorce, you may even have to endure the litigation process, which is a costly and emotionally draining experience. With a prenuptial agreement in place, you permanently secure your assets in writing. And most importantly, prenuptial agreements are here to give you peace of mind. Drafting a prenuptial agreement is usually a quick and painless process, and by taking care of it now, you will never have to worry about it, or even speak of it again. It is also worth noting that a prenuptial agreement may secure your family’s inheritance.
What makes a prenuptial agreement valid?
When drafting a prenuptial agreement, it is essential you have an experienced attorney present to help you along the way. A prenuptial agreement, rather obviously, is of no use if it was done incorrectly or is invalid. Here are the main qualifications for a prenuptial agreement in New Jersey:
- Prenuptial agreements must be in writing
- Prenuptial agreements must be fair and just for both parties
- Prenuptial agreements must include a full disclosure at the time of execution
- Prenuptial agreements must be executed before marriage
- Prenuptial agreements must be notarized, or legalized by a notary
Is it too late to get a prenuptial agreement if I am already married?
While technically yes, it is too late, you may still draft a postnuptial agreement. Postnuptial agreements basically serve the same exact function as prenuptial agreements, except they are drafted after the marriage is official. While you may feel this is an awkward conversation to have with your spouse, you should keep in mind that requesting a postnuptial agreement has nothing to do with the confidence you have in your marriage.
Contact our New Jersey firm
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.