If you are just about to tie the knot with your significant other, it’s only natural that the last thing on your mind is a potential divorce. However, they happen, and without a prenuptial agreement, you risk losing some of your most important assets. The purpose of a prenuptial agreement is not to be a gloomy, negative-thinking document–it is simply designed to give both you and your spouse the peace of mind you need to sleep soundly at night knowing your assets are safe, should they ever need protection. If you are considering drafting a prenuptial agreement, here are some of the questions you may have:
How do prenuptial agreements work?
Essentially, a prenuptial agreement is a document drafted by both you and your spouse with an attorney present, to ensure all parties agree and are on the same page regarding the future of your financial assets in the event of a divorce. Some of the issues, documents, and facets of marriage that couples choose to address via prenuptial agreements are as follows:
- The division of property in the event of death, separation, or divorce
- Family inheritances
- Both spouses’ right to join and separate property
- How spousal support, alimony, or child support will be determined, should you separate or divorce
- The handling and ownership of life insurance or disability policies
- Both spouse’s right to buy, sell, transfer, exchange, or manage specific assets or properties of their marriage
- Retirement funds that were acquired before marriage
- Any other personal rights and obligations a couple seeks to address, so long as they are in accordance with public policy
What makes a prenuptial agreement legally enforceable?
For a prenuptial agreement to lawfully take effect, you, your spouse, and your attorney will have to ensure the following:
- The agreement includes a full disclosure at the time of execution
- It is in writing
- It is notarized
- The agreement is fair and just for both parties
- It is executed before marriage
Those who are already married and wish to draft a prenuptial agreement may not, however, postnuptial agreements are always an option. Though it may be a difficult conversation, as long as you are open and honest with your spouse, you may draft a precautionary postnuptial agreement for several common-sense reasons with the help of our compassionate firm.
Contact our experienced New Jersey firm
Before taking legal action, it is important to discuss your legal situation with an experienced attorney. Divorce means a significant change in your life, which is why you need a knowledgeable and compassionate attorney who can help make the transition go as smoothly and seamlessly as possible. If you need a knowledgeable attorney, please do not hesitate to contact The Radol Law Firm to discuss any divorce and family law matters you may be facing.