If you’re getting married in New Jersey, you may be thinking about a prenuptial agreement. This is a legal document that helps protect your money, property, and other personal rights before you say “I do.” A prenup isn’t just for the rich—it’s for anyone who wants peace of mind and clarity in case the unexpected happens. Here’s everything you need to know about getting a prenuptial agreement in New Jersey.
What Is a Prenuptial Agreement?
A prenuptial agreement, or “prenup,” is a written contract signed by both people before they get married. It explains how finances, property, and other matters will be handled if the marriage ends in divorce or one person passes away.
You can use a prenup to:
- Protect the property you owned before the marriage
- Decide how to divide things like savings, businesses, or debt
- Set rules about spousal support (alimony)
- Keep certain family heirlooms or inheritances separate
A prenup can’t include anything about child custody or child support, because those issues are decided based on what’s best for the child at the time of separation. A prenuptial agreement helps couples start their marriage with clear expectations.
Why Consider a Prenuptial Agreement?
Many people think prenups are only for celebrities or wealthy individuals, but that’s not true. Couples of all income levels can benefit.
Here are a few reasons you might want a prenup:
- You or your partner owns a business
- One of you has a lot of debt
- You have children from a previous relationship
- You expect to receive a large inheritance
- You want to avoid long court battles if a divorce happens
A prenup can protect both people and make sure everyone is treated fairly.
Requirements for a Valid Prenup in New Jersey
New Jersey has specific rules about prenuptial agreements. If your prenup doesn’t meet these rules, it might not be valid.
Here are the legal requirements:
- Written Agreement: The prenup must be in writing and signed by both people.
- Voluntary: Both parties must sign willingly. No one should be pressured or forced.
- Full Disclosure: Each person must fully share their financial details, like income, debts, and property.
- Independent Lawyers: It’s best for each person to have their own lawyer to review the agreement.
- Signed Before Marriage: The prenup must be signed before the wedding takes place.
Following these rules ensures your prenup will be enforceable in court if needed.
Steps To Get a Prenuptial Agreement in New Jersey
Here is a simple step-by-step guide to help you get started:
- Talk About It Early: Start the conversation with your partner several months before the wedding. This gives both of you time to think and avoid pressure.
- Hire Separate Attorneys: Each person should have their own family law attorney. This helps make sure the agreement is fair and legally sound.
- Share Your Financial Info: You both need to fully share your finances. That includes income, bank accounts, retirement savings, property, and any debts.
- Draft the Agreement: Work with your attorneys to create a written agreement that covers everything you both want to include.
- Review and Sign: Once the draft is complete, both of you should carefully read it, ask questions, and sign it before the wedding day. Following these steps will make the process smooth and stress-free.
Getting a prenuptial agreement in New Jersey doesn’t have to be complicated or uncomfortable.
Can a Prenup Be Changed Later?
Yes, a prenup can be changed or canceled after marriage, but both people must agree in writing. This updated agreement is called a postnuptial agreement. It’s a good idea to review your prenup every few years or after big life changes, like having children or starting a business.
A prenuptial agreement in New Jersey is a smart way to plan for the future. It helps protect both partners and can prevent conflict later on. By understanding the process and following the right steps, you can create a fair and legal agreement that works for both of you. If you’re considering a prenup, talk to an experienced New Jersey family law attorney to help guide you.
Contact an Experienced Monmouth County Family Law Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
