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Prenuptial and Postnuptial Agreements

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Prenuptial and Postnuptial Agreements

New Jersey Prenuptial and Postnuptial Agreements

New Jersey prenuptial agreements

If you are engaged to be married or wish to enter into a domestic partnership, a New Jersey Prenuptial Agreement can be an extremely important financial planning tool.  A Prenuptial Agreement prior to marriage, is an effective way to protect your financial interests and eliminate any misunderstandings while also preventing the emotional and financial drain of litigation.

A Prenuptial Agreement can be prepared to protect any asset including your real property, investment properties, financial investment accounts, trusts, business assets, and foreign assets.

For the Agreement to be valid, both parties must:

  • Fully disclose all assets
  • Obtain independent legal counsel
  • Enter the Agreement voluntarily
  • Be afforded sufficient time to consider all of the terms of the New Jersey Prenuptial Agreement prior to the marriage

In additional to protecting premarital assets, a New Jersey Prenuptial Agreement can also determine the financial disposition of financial issues such as amount and term of alimony, waiver of alimony, asset values, business interests and the division of stock, bonds and other investments.  A New Jersey Prenuptial Agreement can protect your financial interests should a divorce occur in the future.

To learn how we can help you protect your assets, contact the experienced attorneys of Smith & Doran, PC.

New Jersey postnuptial agreements

New Jersey Postnuptial Agreements, a/k/a Mid-marriage Agreements, are generally designed to protect assets acquired during the marriage.  New Jersey Postnuptial Agreements are a useful planning tool to allow couples to alter the terms of their Prenuptial Agreement; update their Prenuptial Agreement; and assist couples who are married, but wish to make plans for the future division of their assets in the event of divorce.  However, child custody and support terms may not be concluded in a mid-marriage agreement.

Unlike Prenuptial Agreements, Postnuptial Agreements are specifically designed for couples who are already married.  Similar to Prenuptial Agreements, a Postnuptial Agreement will be valid if both parties:

  • Fully disclose all assets
  • Have independent legal representation
  • There is no coercion or duress when each party enters the Postnuptial Agreement and both parties enter the Agreement freely and voluntarily
  • The terms of the Postnuptial Agreement are fair and equitable

The Courts apply stricter standards to Postnuptial Agreements than to Prenuptial Agreements, so you need to work with a lawyer who has experience drafting these agreements.  Find out if a Postnuptial Agreement is right for you and learn how we can help you protect your assets before and during a marriage.

Call Smith & Doran about prenuptial and postnuptial agreements

To learn how we can help you protect your assets before and during a marriage, contact us online or call us at [phone].

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