Who Should Consider a Prenuptial Agreement

Feb 10, 2014

Prenuptial Agreement, often referred to as a “Prenup,” is an agreement that a couple enters into prior to marriage in order to protect certain individual assets and other rights in the event that the marriage ends in a New Jersey divorce. A Prenuptial Agreement can spell out exactly how assets will be distributed in the event of a divorce or how much financial support one spouse will pay to the other.

 Who should consider entering into a Prenuptial Agreement? Most people think that only wealthy people need the protection of a Prenup. The truth is that anyone who has personal assets (such as bank accounts or a business), property (such as a home), or children from a previous marriage should at least consider a Prenuptial Agreement.

When you decide that you want to enter into a Prenuptial Agreement, you and your future spouse can create terms that you agree to should your marriage ultimately end in divorce. This means that you can arrange how your property would be distributed between the two of you, how your debts and liabilities would be distributed, and whether any and how much financial support will be paid. Additionally, if you have children from a previous marriage, you can make sure that they are cared for in the event of your death or divorce by receiving your property.

One would like to think that no one decides to get married anticipating a divorce in the future. However, no matter how uncomfortable or disheartening it may be for you to discuss the idea of a Prenuptial Agreement with your future spouse, it is important enough that you should at least consider it as a means of protecting both of your financial futures.

 In order for a Prenuptial Agreement to be upheld, it must meet certain requirements that are laid out in N.J.S.A. 37:2-31 to -41. It is important that you speak with a New Jersey matrimonial lawyer who can assist you with drafting your Prenuptial Agreement to ensure that it will be upheld in the future should your marriage end in divorce.

If you have questions or concerns about entering into a Prenuptial Agreement, please contact the experienced attorneys at Sarno da Costa D’Aniello Maceri LLC at 973-274-5200.