Prenuptial Agreement Attorneys in Somerset County
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.
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.
- 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.