One of the most highly contested matters in a divorce is the division of assets. To avoid these issues, many spouses choose to create a prenuptial agreement ahead of their marriage. Commonly referred to as a prenup, this is a document signed by both parties that details how their assets would be distributed between them if they eventually divorce. If this agreement is not abided by, it can be enforced by the court. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for assistance with your case.
How Can a Prenup be Enforced in New Jersey?
In 2013, the state of New Jersey changed the law regarding how prenuptial agreements are determined enforceable. Previously, the document would be reviewed by a judge at the time of the couple’s divorce to see if it can be enforced. This was now changed to make sure they are reviewed at the time the document is created. This means all prenups entered into after 2013 are determined whether or not they can be enforced before the marriage is official.
The following key factors are taken into consideration when determining if a prenup is valid:
- If each party had their own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
How do I Create an Enforceable Prenup?
A prenuptial agreement can only be drafted and signed before a couple gets married. During this time, both parties are required to follow certain guidelines. This ensures the document is valid and can be enforced if necessary. The requirements are as follows:
- The document must be in writing
- Both parties must provide full disclosure at the time of execution
- The document must be notarized
- The document must be fair and just for both parties
- The agreement must be executed before the marriage
Contact our Firm
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.