Prenuptial Agreement:

A prenuptial agreement, or “prenup”, is a written agreement between prospective spouses in contemplation of marriage that will become effective upon marriage. A prenup in New Jersey can be prepared to protect any asset, even those acquired after marriage, including:

Real Estate and other Property

Investment Accounts

Trusts

Business Interests and Assets

Foreign Assets

And more

Prenups can also address many other concerns so long as the provision is not against public policy. Just some of these concerns are:

Determining the division of assets upon divorce

The terms and amount of alimony

Asset values

The making of a will to carry out the provisions of the prenup

Choice of law governing the construction of the prenup

And more

There are a number of reasons to enter into a prenup. By predetermining the treatment of assets and many other potential concerns before marriage, many couples who enter into a prenup find themselves litigating far less in the event of separation or divorce. Prenups are especially important to consider if you:

Own a business,

Anticipate receiving a significant inheritance or monetary gift

Were previously married

Have children from a prior relationship

Have significantly more assets than your prospective spouse

Earn significantly more than your prospective spouse

Are the beneficiary of a trust

Are marrying someone with significant debts or student loans, or

Have particular concerns about your privacy

The agreement must:

Be written and signed by both parties

Include a statement of assets, and

Fully disclose all earnings, assets, and financial obligations

Each party must:

Hire their own independent legal counsel or voluntarily waive, in writing, the opportunity to consult with independent legal counsel

Enter into the prenuptial agreement voluntarily; and

Have sufficient time to consider all the terms of the prenuptial agreement before marrying