Drafting and Reviewing Prenuptial Agreements/Premarital Agreements
While prenuptial agreements may not be romantic, they are definitely pragmatic. A carefully drafted premarital agreement can be an important tool to help protect the rights and interests of both parties at the time of death or in the event of divorce. A premarital agreement will address how assets will be allocated or preserved, and can also address whether one spouse will have an obligation to pay alimony to the other.
At Shimalla, Wechsler, Lepp & D’Onofrio, LLP our family lawyers in Warren Township, New Jersey can assist you in drafting or reviewing a prenuptial agreement that will secure your financial interests and rights.
Prenuptial agreements are becoming more common, especially when one or both of the parties has significant premarital assets or anticipates receiving a significant inheritance. For example, the value of a party’s interest in a family business can be at stake in a later divorce if not addressed in a prenuptial agreement. A prenup is a useful tool to ensure full disclosure and protect your assets as you enter into a marriage.
Requirements For A Prenuptial Agreement
Under New Jersey law, prenuptial agreements must meet the following criteria to be valid.
- 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.
Our attorneys will assist you in drafting or reviewing and negotiating a prenuptial agreement to ensure that your rights and obligations are stated clearly and completely. We will work to provide you with the contractual security necessary to preserve your financial well-being should your marriage end in divorce.
Prenuptial Agreements For Second Marriages
Many couples enter into a second marriage later in life after they have accumulated investments, retirement accounts, real estate, and other significant assets. Often, those parties wish to preserve their assets for themselves in the event of a divorce, and for their children from prior marriages in the event of death. A premarital agreement can be an important tool to ensure that your financial security is intact in the event of divorce. Whether you require a prenuptial agreement for your second marriage or first, our lawyers are prepared to provide supportive, effective legal counsel.
Contact Shimalla, Wechsler, Lepp & D’Onofrio, LLP
If you have questions regarding prenuptial agreements call 908-753-3833 or complete our online contact form to schedule a consultation with a family law attorney in Warren Township, New Jersey. We will help you create an agreement that will protect your financial rights and interests.
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