Prenuptial and Postnuptial Lawyer Chester, NJ
Couples entering into marriage are looking at the hopes of a bright future together and the last thing many are considering is the practical side of life where daily stresses strain the best of relationships and serious hardships can cause their breakdown. Many couples are also reluctant to address the subject of prenuptial agreements and would rather take the chance of losing assets hard earned, handed down over generations, or acquired during prior marriages and intended for the benefit of the children of those prior marriages.
At The Darling Law Firm, we will draft a prenuptial agreement setting forth how your assets will be allocated in the event of divorce and securing your financial rights.
Issues Addressed in Prenuptial Agreements
Premarital agreements address how assets will be allocated or preserved in the event of a divorce, as well as whether, and to what extent, either party may have an obligation to pay alimony to the other.
Validity Requirements for a Prenuptial Agreement
- There must be full disclosure of finances and assets by both parties.
- Both parties must have a sufficient opportunity to obtain independent advice and review by an attorney.
- Both parties must enter into the agreement willingly and without coercion.
- The Agreement must be in writing and signed by both parties.
Issues Typically Addressed in Prenuptial Agreements
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or non-occurrence of any other event;
- The modification or elimination of spousal support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public
Issues Not Addressed in Prenuptial Agreements
- Child Custody
- Parenting Time
Second Marriages and Prenuptial Agreements
Often parties entering into second marriages are older and have had greater time to work and acquire assets. Additionally, there are often children from first marriages that an individual entering into a second marriage will want to protect financially. Clearly, if parties are entering into a second marriage they have experienced a divorce and the personal and financial loss associated therewith.
First Marriages and Prenuptial Agreements
Many couples are waiting longer to enter into marriage and thus have greater opportunity to acquire assets including investments and real property they wish to protect in the event of divorce. the mere process of disclosure of assets involved in entering into a prenuptial agreement is a revealing and beneficial exercise whereby couples learn each other’s financial expectations from the marriage and compatibility of their outlooks on topics such as spending and finances.
Negotiation of the Prenuptial Agreement
We are sensitive to the fact that the parties entering into a prenuptial agreement are enjoying a very happy time in their lives. Both parties are desirous of beginning a life together and do not want contractual details to ruin their joy. We will make suggestions and guide you through the process as well as make sure your spouse is aware that a prenuptial agreement is suggested by attorneys for the protection of both parties and not intended to diminish the feelings the parties have for each other or their views about the strength of the relationship. We fully review and discuss all aspects of your life in order to draft an agreement suitable to your particular situation. We also seek to discuss intended changes such as children and unpredictable issues such as illness or accidents.
In order to offer assurance to an otherwise reluctant party, a prenuptial agreement can be drafted with a “sunset clause” which specifies a date upon which the entire prenuptial agreement becomes void and non-binding. This usually occurs, if at all, after several years of marriage.
If a couple discovers they have financial differences after entering into marriage they may wish to remain married but protect their individual assets by entering into a postnuptial agreement. Postnuptial agreements can also be used to modify prenuptial agreements when circumstances change throughout the marriage.
Prenuptial and Postnuptial Agreements are subject to a high level of scrutiny in the courts in order to make sure neither party was forced or coerced to enter into the agreement and that all financial information of both parties was fully disclosed. This scrutiny is especially high when the agreement seems to provide a disproportionate amount of assets to a party who did not bring them into the marriage or retain a highly disproportionate amount of assets for one individual in spite of contributions by the other to the marital enterprise.
Litigation of Prenuptial and Postnuptial Agreements
We adhere to guidelines strictly in drafting prenuptial and postnuptial agreements in order to insure they are legally binding. When an agreement is called into question, we aid our clients in enforcing the terms of the agreement against any challenges to their rights.
Protecting Parties Throughout Northern NJ
In order to serve clients throughout Northern New Jersey we have offices in Morris County and Bergen County, New Jersey. We serve clients in Morris, Sussex, Warren, Bergen, Passaic Union, Hudson and Essex Counties. The Darling Law Firm is your Northern, NJ Prenuptial and Postnuptial Agreement firm.
If you are contemplating marriage or have made or accepted a proposal, now is the time to call 973-584-6200 today to schedule an initial consultation and protect your rights or . Even if you have said “I Do” it is not too late or click here to e-mail us.
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