Prenuptial and Postnuptial Agreements
If you are planning to get married and are concerned about developing documents that could help to protect you and your future spouse in the event of a potential divorce, consulting with a Rochelle Park prenuptial agreement attorney is strongly recommended. Premarital agreements may also be referred to as post-nuptial or prenuptial agreements in other states. These refer to contracts made between prospective spouses when contemplating marriage and these acts will become effective on the date of marriage.
The primary purpose of prenuptial agreements is for each spouse to define before marriage their obligations and their rights associated with financial issues like spousal support or division of property. These will apply in the event that the couple separates or divorces. These agreements can help save financially and emotionally in the event that the marriage comes to an end and can help to clarify each party’s expectations going into the marriage.
The time-consuming process of having to go the court is also eliminated when issues have been clearly drafted in a Rochelle Park prenuptial agreement. The following issues can be included in a New Jersey prenuptial agreement:
• The right to transfer, buy-sell, assign, dispose, lease or abandon property
• The creation of a trust or will to carry out their agreements provisions
• Both spouses’ rights and responsibilities to separate and joint property
• The division of property on death, separation, divorce or any other event
• The elimination of or modification of spousal support
• The ownership rights outlined under the death benefit from a life insurance policy
• The choice of law governed in the interpretation and construction of the agreement
• Any other personal obligation and rights clauses so long as they are not in violation of public policy
It is important to realize that not everything can be included in your Rochelle Park prenuptial agreement. You cannot pre-determine issues associated with children such as custody or child support payments. The uniform premarital agreement act was enacted in New Jersey in 1988 which requires that all prenuptial agreements across the state be in writing and signed by both spouses including a statement of assets which must be included with the agreement. The purpose of the statement of assets is to ensure there has been reasonable disclosure of relevant financial information.
Consulting with an experienced Rochelle Park prenuptial agreement attorney as soon as possible after you decide to develop such an agreement is strongly recommended. This can help you to clarify the critical issues necessary and the advantages of moving forward with planning a prenuptial agreement now. Do not hesitate to contact an experienced Rochelle Park prenuptial agreement lawyer today.
