A prenuptial agreement is a legal contract signed before marriage that sets out each party’s rights and responsibilities during the marriage and in the event of a divorce or the death of one party. Depending on your particular circumstances, entering into a prenuptial agreement before the wedding is essential. If you have been previously married, have children from another relationship, assets or debts, an anticipated inheritance or trust, a business asset or other concern, obtain an understanding of what will happen in the event of a divorce and provide a resolution concerning those items is critical. At Lomberg Del Vescovo & Pollak, LLC, we understand the specific reasons for prenuptial agreements and provide the necessary guidance to address your particular needs and interests before your wedding.
Prenuptial agreements can address the issues of pre-marital assets, real estate, the purchase of a marital home, expenses during the marriage, investments, trust, a business, the issue of spousal support (or waiver) if a divorce occurs, the choice of law as to the enforcement of a prenuptial agreement and other issues concerning the marriage or dissolution.
New Jersey Statue N.J. S. A 37:2-21 to 41 sets forth the requirements for a prenuptial agreement in New Jersey. New Jersey is a signatory to the Uniform Premarital and Pre-Civil Union Agreement Act. The requirements of the statute must be complied with towards having an enforceable prenuptial agreement. A prenuptial agreement needs to include full disclosure of earnings, property and financial obligations of each party or a voluntary waiver in rights to the right of disclosure, knowledge of the other party’s property or financial obligations, and independent Counsel unless expressly waived in writing.
While the Courts tend to honor prenuptial agreements, complying with the statutory requirements must be followed when entering into a prenuptial agreement. Lomberg and Del Vescovo can help you decide if a prenuptial agreement is suitable for you, the prenuptial Agreement’s terms, and guidance through the process.
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