A prenuptial agreement, a premarital agreement or an antenuptial agreement are all terms used to describe the same thing, which is signed written contract entered into by a couple prior to their marriage or civil union. It is a tool that can be used by the parties to protect their assets and their future in case of a divorce. This special type of contract controls and/or limits the rights and obligations of the parties in the event their marriage or civil union ends in divorce. Couples enter into a written prenuptial agreement in order to avoid the application of New Jersey law in the event of divorce, such as the laws and statutes that govern equitable distribution and alimony. A premarital agreement may also contain a waiver of the surviving spouse’s right to claim an elective share of the estate of the deceased spouse.
The following requirements are necessary In order for a prenuptial agreement to be valid and enforceable:
- The prenuptial agreement must be in writing.
- The prenuptial agreement must be signed by both parties prior to the date of their marriage.
- The prenuptial agreement must be notarized (signed before a notary public) with the notary’s seal affixed to it.
- The prenuptial agreement must contain a written list and description that discloses all of the assets and liabilities of each party.
- The terms and conditions of the prenuptial agreement must be fair and reasonable to both parties.
- Both parties to the prenuptial agreement should each be represented by independent counsel of their choice.
I am a solo practitioner, which means that I am the only attorney in my law firm that will prepare your prenuptial agreement or review the prenuptial agreement prepared by the attorney representing your future spouse. You will get the individual attention that your case deserves and requires. I am devoted to handling your case and representing you effectively. I deeply and genuinely care about your case. I always work diligently to achieve a successful result in all of my cases