couple getting divorce

What do I do When My Spouse Refuses to Honor a Prenup?

There are many difficult parts of a divorce in New Jersey. One of the more contested parts is the division of assets. This can cause many problems, which is why some couples may choose to create a prenuptial agreement before they get married. This is a document that outlines how both parties agree to divide their assets if they divorce in the future. If the time comes and one spouse refuses to abide by the agreement, it can be enforced by the court. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for assistance during this time.

How Can a Prenup be Enforced in New Jersey?

The state of New Jersey changed the law regarding how prenuptial agreements were evaluated in 2013. Previously, these documents were reviewed by a judge to determine whether or not they could be enforced at the time of the divorce. This caused a number of issues, which is why the law changed this to have them reviewed at the time they were created. Now, all prenuptial agreements entered into after 2013 are reviewed before the marriage occurs. During this time, the following are factors taken into consideration:

  • 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 created before two people get married, not after the fact. In order for the document to be deemed valid, the following requirements must be met:

  • 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 related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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