If you and your partner are planning for marriage in New Jersey, a prenuptial agreement can be a valuable planning tool. A prenuptial agreement (also referred to as a premarital agreement or “prenup”) is a legal document that describes how property will be owned and held during the marriage, and property will be divided if the marriage ends.

The Red Bank, NJ family law attorneys at The Law Office of Jennifer J. McCaskill, LLC, can help you understand how a prenuptial agreement can work for you. Contact our law office at (732) 747-1882 for a free case evaluation. 

How The Law Office of Jennifer J. McCaskill, LLC Can Help With a Prenuptial Agreement in Red Bank, NJ

A prenuptial agreement can protect premarital property and can reduce disputes over property division if the marriage comes to an end. Importantly, prenuptial agreements can give both parties to a marriage peace of mind as they prepare to exchange their vows. 

At the Law Office of Jennifer J. McCaskill, LLC, our attorneys have more than 20 years of combined experience. We’ve been recognized for many years by Super Lawyers for our excellence in representing our clients.

When you hire us, we will: 

• Provide guidance tailored to your specific circumstances
• Ensure the prenup complies with state regulations
• Address complex asset issues when necessary
• Foster transparent and open communication
• Safeguard your interests throughout the process

If you are getting married and are interested in a prenuptial agreement, then you need a lawyer who will protect your rights and interests. Contact us today for a free case evaluation with a Red Bank prenuptial agreement lawyer.

What Is a Prenuptial Agreement? 

Prenuptial agreements are contracts that both sides to a marriage enter into in preparation for their marital union. The goal of a prenuptial agreement is to summarize each side’s assets, liabilities, business interests, premarital property, and other concerns that both might have going into the marriage. 

Having a prenuptial agreement in place can eliminate confusion and conflict if the partnership ends. As long as the prenuptial agreement is entered into voluntarily by both sides, its terms can be legally binding later on. 

A prenuptial agreement will often include important topics such as: 

• The assets owned by each partner going into the marriage
• The value of parties’ assets 
• How assets would be distributed upon divorce
• The debts and liabilities of each party 
• How each debt and liability would be shared upon divorce 
• Any premarital property (such as family-owned real estate) that either party wishes to keep separate from marital property 
• Any agreements on spousal support if the marriage ends. 

By law, prenuptial agreements cannot include agreements on potential child custody and child support issues if the parties have children during the marriage. The courts must evaluate the best interests of children involved in child custody proceedings, so a parent can’t contract away provisions for their care. 

What Does a Prenuptial Agreement Need to be Legally Valid in New Jersey?

For a prenuptial agreement to be legally valid in New Jersey, the following requirements must be met: 

• The parties must be married. If a prenuptial agreement is signed, but the parties don’t follow through with the marriage, the contract is void. 
• The contract must be in writing, signed by both spouses 
• There must have been a fair disclosure of both spouses’ assets before the prenuptial agreement is finalized. 
• Each spouse should have their premarital agreement reviewed by a lawyer before they sign. If either spouse does not use a lawyer, they have to disclose that they agreed to sign without consulting with an attorney. 

It is always best to have an experienced family law attorney review your prenuptial agreement before you sign your name to it. 

What Are the Benefits of a Prenuptial Agreement? 

Evaluating assets and debts during the divorce process can be costly and time-consuming. Determining how property will be treated before marriage can clear up disputes before they arise. This will save time, money, and litigation for a separating couple. 

Having a valid prenuptial agreement in place can allow couples to: 

• Avoid disputes over property
• Protect one spouse from the other spouse’s debts
• Make rational decisions about property while the parties are on good terms
• Protect inherited property and assets 
• Protect premarital property 
• Establish how spousal support will work in the event of divorce
• Determine how retirement accounts will be kept or divided upon divorce 
• Avoid costly litigation after a couple separates

A prenuptial agreement in New Jersey can control issues such as alimony (spousal support), values of assets, business interests, division of retirement accounts, division of investments, and other complex financial issues that are often the focus of a divorce case. 

Should I Get a Prenuptial Agreement? 

Prenuptial agreements are not only for those with great wealth and assets. Any couple can enter into a prenup, and it is often wise to do so. 

Prenups can be helpful in many situations, including when one partner: 

• Has substantially more assets or debt than the other 
• Owns their own business 
• Earns significantly more than their partner
• Has children from a prior relationship
• Expects to receive property or money through inheritance 
• Is a trust beneficiary 
• Has a retirement account, 401k, or other investments. 

New Jersey is an equitable distribution state for marital assets. This means that unless a prenuptial or postnuptial agreement is in place, property is generally divided equally between both partners. Courts will consider several factors to determine a fair split of assets and liabilities between both parties to a divorce. 

If you would not be comfortable with an equitable distribution of assets in the event of a divorce, you should consider a prenuptial agreement. 

Contact a Red Bank Prenuptial Agreement Lawyer Today 

If you and your partner are planning a marriage and either of you own separate assets and debts, a prenuptial agreement can set rules about how those items are handled in the future. Neglecting to plan for the possibility of a separation can be costly and time-consuming, resulting in months or years of litigation. 

Prenuptial agreements can give you and your spouse peace of mind when it comes to your financial future. Contact the Law Office of Jennifer J. McCaskill, LLC today to schedule your consultation with an experienced Red Bank prenuptial agreement lawyer.