What Is A Premarital Agreement In New Jersey?

A premarital agreement is most often called a prenup. A prenup is a contract between two people who are about to get married, where they identify all their assets and determine how they’re going to divide them if the marriage does not survive. The key to a viable prenup is to name every asset and to account for how those assets will be disposed. If you fail to name an asset, you can’t come back later and add it to the prenup. If you don’t have a prenup, the court will assume that the house or other assets belong to both of you because it was acquired during the marriage.

The courts will assume things that you don’t want them to assume. In other words, you have to work that out in the beginning before marriage as a contract or prenup, so that it is enforceable by the court.

What Are The Top Misconceptions That People Have About Premarital Agreements?

The courts will overturn a prenup agreement if the other party is under duress even if the wedding is underway. Before a court enforces an agreement, they want to ensure that the two parties were not being forced or coerced to sign it. The court wants to make sure that both parties understood the terms, read them, considered them carefully, and agreed to the terms before enforcing the agreement.

It is first essential to create an agreement in a timely manner. The second important thing is to hire a lawyer. A lawyer will ensure that the terms in the agreement are understood. You want to make sure that you have a third-party witness that reviewed the terms, considered them, and understood the ramifications. Hiring a lawyer will ensure the courts that there’s no duress, no pressure and that there’s a true meeting of the minds because the agreement is a contract.

At What Point Do You Recommend That Couples Discuss Premarital Agreement?

I recommend discussing a premarital agreement six months before the wedding. I represented a woman once whose mother left her six buildings in Brooklyn. She wanted to make sure that the husband, in case the marriage didn’t last, wasn’t going to walk out and keep the six buildings in Brooklyn that her parents had struggled for 50 years to own and maintain. The negotiations started six or seven months before the wedding. The husband had a lawyer, and we went back and forth and made some changes and adjustments until an agreement was in place.

What Components Constitute A Viable Premarital Agreement In New Jersey?

A premarital agreement is anything that two people agree on legally. The court will enforce any legal agreement. The key is to do it in sufficient time so that the couple can make a reasoned decision. The court wants to make sure that you understood the terms legally, and understanding the terms requires a lawyer. Sometimes what you think a term means might actually mean something else entirely, and a lawyer will be able to assist with the legalese. You need to have a lawyer, and you need to have a clear timeframe between the time the agreement is presented, the time you sign it, and the time that you’re going to get married. You need to make sure that all the assets you own have been identified and addressed in terms of how they will be distributed.

Are Premarital Agreements Easy To Break?

Premarital agreements are not easy to break when they are done right. If the parties signed an agreement on November at 4:00, when they were on their way to the church, the argument could be made that they signed under duress. They didn’t understand what they were doing or didn’t have time to consult with a lawyer – this is the reason that you follow the necessary steps earlier on so that issues don’t arise with the agreement, and the court will have no problem enforcing it.

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