Prenuptial And Postnuptial Agreements Service In Bergen County?
Prenuptial agreements are a tool used to protect individual’s assets and legal rights prior to entering into a marriage. Because the nature of each person’s relationship is so unique, there are many different aspects and details that should be considered when crafting a prenuptial agreement.
Practice Areas
New Jersey law requires a prenuptial agreement to be in writing and that each party entering into the agreement have access to legal representation before entering into an agreement. These agreements cannot place one party at a disadvantage to benefit the other. It also must provide for certain financial disclosures and cannot be enforced with illegal terms. While there are complexities of creating a prenuptial agreement, there are many benefits. Brick Law can help make this process as easy as possible.
Postnuptial agreements, similar to prenuptial agreements, require a writing and can be formed after two parties have already married. As like prenuptial agreements, there are certain financial disclosures that must be made to the other party and both parties must have the opportunity to access counsel. Postnuptial agreements often occur after one party receives an inheritance, gifted funds or a new job. It can also occur for many other reasons including challenging marital times. Provisions in an agreement related to children are typically excluded in both prenuptial and postnuptial agreements due to the fact that children are not considered assets and have independent protected rights. Therefore, child support and custody are typically restricted from agreements. Brick Law can help with the creation of a postnuptial agreement.
Practice Areas
Contact The
Brick Law Firm
We represent and mediate for clients of all asset levels, including high net worth individuals. To learn more about how we can help you, call the Brick Law, LLC, in Bergen County, New Jersey, at 201-254-0881
Our Trusted Legal Team
Frequently Asked Questions
Common questions about prenuptial and postnuptial agreements in New Jersey, answered by Brick Law, LLC.
Are prenuptial agreements enforceable in New Jersey?
Yes, under the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 and following. The agreement must be in writing, signed by both parties, and accompanied by a written statement of assets, liabilities and income. The marriage itself supplies the consideration.
What can void a New Jersey prenup?
Proof that it was not signed voluntarily, or that it was unconscionable when executed because a party lacked full and fair disclosure, did not voluntarily waive disclosure in writing, had no adequate knowledge of the other’s finances, and did not have independent counsel or waive counsel in writing.
Is unconscionability judged at signing or at divorce?
At signing. A 2013 amendment settled this: a New Jersey premarital agreement is tested as of the time it was executed, not at the time enforcement is sought. An agreement that later proves lopsided because circumstances changed is not, for that reason alone, unenforceable.
Do both parties need their own lawyer?
Not strictly, but it is strongly advised. A party without independent counsel must waive that right in a separate written statement. Agreements where one side had counsel and the other did not are the most frequently challenged, and the challenge is considerably harder to defeat.
What is a postnuptial agreement?
An agreement made after marriage rather than before. New Jersey courts scrutinise postnuptial agreements more closely than prenuptial ones, because spouses already owe each other a fiduciary duty. They must generally be fair and equitable both when made and when enforcement is sought.
Can a prenup decide child custody or child support?
No. Provisions purporting to fix custody, parenting time or child support are not binding. Those rights belong to the child, and the court always retains authority to decide them on the child’s best interests and the Guidelines as they stand at the time of the dispute.
Have a question that is not answered here? Contact Brick Law, LLC or call (201) 254-0881 to speak with a Bergen County family law attorney.
This information is general and about New Jersey law. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts.