There are many reasons why a couple may wish to keep their assets separate when they get married. This is because the process of dividing assets in a divorce can be very complicated. When a couple’s assets are separate, it is clear which belong to whom during the divorce process. A couple can outline this in a document known as a prenuptial agreement, also known as a “prenup.” Signed before the marriage is official, a prenup is a contract between two future spouses that describes the division of their properties if they divorce in the future.
Can Parents Force You to Get a Prenup?
Marriage brings more than just two lives together. It results in the merging of families as well. Sometimes, parents can become very involved in their child’s marriage plans, usually believing that they know what is best for their child. If the family has an inheritance, business, or property in their name, they may want a prenup to be drafted. This would ensure the asset stays in the family and is not subject to equitable distribution in a divorce.
When dealing with a situation like this, a parent cannot influence their child or the child’s fiance into signing a prenup. This is important to know, as some parents may try to pressure or influence an individual, even going as far as to threaten to take their child out of their future will. However, a prenuptial agreement can only be signed by future spouses who wish to do so.
If a child or fiance is forced by anyone to sign a prenup, this document can be deemed invalid. Because a prenup is a legal contract, it must be signed at a person’s own free will, not under pressure. In the event that it was not, the document can be contested and invalidated.
Finding a Balance
Discussing a prenuptial agreement can be uncomfortable for anyone involved. This is why the matter should be in a positive way to reach solutions regarding the issue. This can be done through healthy discussions about why the spouses do not want to sign it and why the parents wish they would. If necessary, a mediator can be present throughout the conversations in order to help the family reach amicable agreements.
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If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.