Bergen County Prenuptial Agreement Attorney
Executing Prenuptial Agreements for NJ Clients
Contested divorce cases can stem from a number of disagreements regarding marital issues. Some of the many topics of divorce a court may have to address include child support, alimony, property distribution, and child custody. A couple may be able to avoid the pitfalls of a contested divorce through the execution of a prenuptial agreement. Though many shy away from the idea, prenuptial agreements are in place to protect the parties from an uncertain future. Some believe that prenuptial agreements start a relationship off on the wrong foot. Some consider a prenuptial agreement the perfect way to take money out of the relationship and focus on the important things. Though it is difficult to consider the end of a relationship before it starts, a prenuptial agreement is a good option for many people. If you are interested in finding out more about your need for a prenuptial agreement or the process to execute one, contact The Radol Law Firm for a consultation to discuss this important legal matter.
Executing A Valid Prenuptial Agreement
Simply put, a prenuptial agreement is a binding agreement between fiancés that establish what happens if a marriage was to end. This can be after a divorce, separation or death. A prenuptial agreement can help a couple avoid the downsides of litigation by agreeing to terms before the marriage starts. It may not have any language regarding the children, including support or custody. This contract is executed before vows are exchanged. For it to be binding, a prenuptial agreement must:
- Be written
- Be voluntary
- Be notarized
- Be fair and just
- Include a full financial disclosure
Should I Get A Prenuptial Agreement?
Prenuptial agreements can be a good option for any financial situation. We all have possessions that are important and marriage makes many assets vulnerable to equitable distribution. For high net worth individuals and business owners, prenuptial agreements can protect oneself from a court-ordered financial probe. If an investigation was to find anything that would interest the Internal Revenue Service, court officials are mandated reporters and will hand over any information regarding discrepancies.
I Am Already Married, Can I Protect My Assets?
If you are married and wish you had signed a prenuptial agreement, you can still take steps to protect your assets. If you and your spouse agree, you can execute a postnuptial agreement. It is practically the same document as a prenuptial agreement, just drafted after vows are exchanged. In order to execute a valid postnuptial agreement, one must follow the same rules as a prenuptial agreement.
Contact The Radol Law Firm
Our firm appreciates the difficulty of moving forward with a prenuptial agreement. Marriage is an important step in one’s life. Preparing for an uncertain future is another. If you need an attorney to assess your need for a prenuptial agreement or draft and execute one for you, contact The Radol Law firm for an initial consultation.