Prenuptial, Cohabitation And Postnuptial Agreements In New Jersey
To fully safeguard your rights and your interests and be in control of your assets in the event of a divorce or dissolution of a civil union, it is wise to consider a prenuptial agreement prior to marriage or civil union.
Partnership agreements, also known as cohabitation agreements between unmarried partners, are similar to prenuptial agreements between married partners in that they specify how property acquired during the relationship will be divided if the relationship is dissolved, or whether one party will support the other in the event of a termination of the relationship. Similar to a prenuptial agreement, a cohabitation agreement allows you to be in control of your assets in the event of a termination of the relationship.
Wernik & Salvatore attorneys are recognized for their integrity, commitment and caring approach to family law and their skill at acting in accordance with each individual client’s interests.
Who Seeks Prenuptial Or Postnuptial Agreements?
- Same-sex couples entering into marriage seek prenuptial agreements to make sure their interests are fully protected.
- People who are entering into a second marriage may wish to protect a child’s rights to inheritance and other matters.
- People with established businesses or substantial estates entering into a marriage may wish to have a prenuptial agreement.
Prenuptial agreements take into account today and tomorrow, safeguarding your rights and responsibilities should your marriage or civil union end in a divorce or dissolution down the road. Ultimately, these agreements can provide a road map for the future that can help support your union.
Prenuptial Agreements Help Protect Premarital Assets
If you are engaged to be married, a prenuptial agreement can be an important tool. A prenup prior to marriage is an effective way to protect your assets and financial interests. If there is a divorce, a prenuptial agreement generally protects your premarital assets and can ensure that your property is deemed exempt from equitable distribution. A prenup can also explain the rights and obligations of each person in the event of divorce. Because a prenuptial agreement is a legal document, consulting a family law attorney to help is advisable.
A prenuptial agreement in New Jersey can be prepared to protect any asset, including homes; real estate & properties; investment accounts; trusts; business assets; and more
In order to have a legally valid prenuptial agreement, both parties must at least:
- Fully disclose all assets and liabilities
- Obtain independent legal counsel
- Enter into the prenuptial agreement voluntarily
- Have sufficient time to consider all the terms of the agreement prior to the marriage
Prenuptial agreements can be tailored to suit any couple’s situation. An experienced attorney can advise you of all your options and draft the proper prenup for you.
Please contact the Hazlet attorneys at Wernik & Salvatore to discuss any questions you may have.
Recognized For Our Diligent, Thorough Work
Both of our attorneys, Robin T. Wernik and David Salvatore, are recognized in the community as skilled, ethical and caring family law attorneys. We each have considerable experience at very carefully drafting prenuptial agreements, cohabitation agreements and postnuptial agreements so that they are in full compliance with New Jersey legal definitions of what constitutes a prenuptial agreement.
Stay Current In Emerging Areas Of Family Law
As the law in the area of same-sex civil unions continues to change, we stay abreast of these changes as they can affect you.
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