Prenuptial Agreements When you need RESULTS, you need AGGRESSIVE representation.

Somerset County Prenuptial Agreement Attorney

Also Serving Morris County, Middlesex County, Hunterdon County, Union County & the Entire State of New Jersey

Prenuptial agreements have greatly increased in popularity in recent years as a result of changing attitudes toward divorce and a heightened awareness of its financial consequences to those involved. Such agreements can be extremely useful not only to protect one’s own assets in the event of divorce, but to ensure stability in the post-divorce relationship and minimize contentious litigation.

If you and your soon-to-be spouse are considering entering into a prenuptial agreement, it is in your best interest to consult with a reliable and trusted attorney. Our prenuptial agreement lawyers in Somerset County have extensive experience drafting enforceable and fair agreements that protect our clients’ rights and interests.

Get started today by calling (908) 274-3028 or contacting us online.

Enforceability of Prenuptial Agreements

Depending on when your prenuptial agreement was signed there can be different ways the agreement is enforced. If yours was signed before the current adoption of the Uniform Premarital Agreement Act, it can be reviewed and challenged in court.

Prenuptial agreements in New Jersey, under the current law, are enforceable as long as:

  • There has been full disclosure
  • The agreement is not “unconscionable,” meaning excessively unfair

The Court starts out assuming that a prenuptial agreement is enforceable. As a result, any person asking that the Court refuse to honor the agreement has the burden to establish, by clear and convincing evidence, that it is not.

To do so, you must show that:

  • The party executed the agreement involuntarily; or
  • The agreement was unconscionable when it was executed

There are a few other important matters to consider regarding prenuptial agreements. A valid prenuptial agreement must meet certain other criteria.

The agreement:

  • Must be in writing
  • Cannot adversely affect the independent right of a child to child support
  • Becomes effective upon marriage
  • Once effective, can only be changed or terminated by another signed writing.
  • The agreement remains enforceable if the marriage is void, but only to the extent necessary to prevent an unjust result
  • Must be considered by the court when dividing assets between divorcing spouses

Finally, the language of the agreement itself is perhaps the most important consideration. We strongly recommend that anyone considering entering into a prenuptial agreement schedule a consultation with our knowledgeable prenup lawyers in Somerset County. Distinctions in language that may seem subtle now can lead to serious issues down the road. Our attorneys at DeTommaso Law Group have the experience to protect your assets in a divorce.

Give us a call at (908) 274-3028 or complete our online contact form to get started with a consultation.

What Sets Us Apart?

  • Over 125 Years of Combined Experience

    At DeTommaso Law Group, LLC, we believe that every client deserves unwavering support and a fearless advocate in their corner. We understand the emotional and legal challenges that families face during times of crisis, and we are committed to providing them with the strong, determined representation they deserve.

  • Strategic & Aggressive Legal Counsel

    Our team of experienced family law attorneys possesses extensive knowledge in the field. We stay up-to-date with the latest legal developments to ensure that we provide the most effective strategies and guidance to our clients. Our deep understanding of family law empowers us to navigate complex legal processes and provide insightful advice.

  • Results-Focused Approach to Every Case

    We recognize that no two family law cases are the same. We tailor our approach to each client's specific needs and goals. By understanding their unique circumstances, we can develop personalized strategies that protect their interests and safeguard their rights.

  • Fearless Advocacy & Representation

    We refuse to back down when it comes to fighting for our client's rights. We are not afraid to take on challenging cases or confront difficult opponents. Our unwavering commitment to our clients drives us to explore every legal avenue and utilize our expertise to secure the best possible outcomes.

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