Prenuptial agreements protect your property in the event of a divorce. Whether you are signing a prenup or are curious about how a prenup effects your divorce, you can should seek legal counsel to guide you through the process.
At Rigden Law, we can help Burlington County, Camden County, Gloucester County, Mercer County, Atlantic County, Cape May County, Salem County, Cumberland County, and Ocean County, New Jersey, residents with their prenuptial agreements.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract between two people who intend to get married. The purpose of a prenup is to legally protect premarital assets, and in some cases, assets acquired after the marriage, so that in the event of a divorce, your separate property is exempt from equitable distribution.
Along with protecting your assets, a prenup can help streamline the process of divorce by detailing certain separation rules between a couple, including regarding payment of alimony.
The Importance of a Prenuptial Agreement
The predetermined nature of a prenuptial agreement benefits both parties. Its intention is to protect individual and familial assets while avoiding lengthy legal battles if a divorce were to occur. A prenup can also delineate other financial arrangements, such as the payment of expenses during a marriage.
Although a prenup can benefit most couples, it is especially recommended for those who:
- Own a personal or family business.
- Have more assets or earn more money than their spouse.
- Have been previously married.
- Have children from a previous relationship.
New Jersey Prenuptial Agreements
The Uniform Premarital and Pre-Civil Union Agreement Act dictates the legality of premarital agreements and how couples should proceed.
It states that the following can be included within a prenup:
- The right to manage and control property.
- The distribution of property.
- The establishment or elimination of spousal support.
- The creation of a will or trust to carry out obligations.
- Reasonable personal rights and obligations.
The act also states that a prenup is not enforceable if it is proven that either party involuntarily signed the agreement, or the original agreement was unconscionable—unreasonably unfair—to one party.
Working With a Lawyer
To best protect your assets, finances, and privacy in the event of a divorce, a prenuptial agreement is extremely beneficial. It is also beneficial to speak with a lawyer about your prenup to go over the agreement and advise on what specifically should be included –or not included.
At Rigden Law, Alexandra Rigden has the necessary experience to guide you through the creation of your prenuptial agreement, or the review of a prenuptial agreement.
Request a Consultation at Rigden Law Today
The right legal counsel can help you navigate your prenuptial agreement, so you have your separate property is protected. If you are located in South Jersey, contact Rigden Law to request a consultation today.