When you and your spouse decide to get married, you may agree that a prenuptial agreement is right for your relationship. However, in the event you divorce, reviewing the contract is critical. You may find something in the agreement that impacts the validity of the document, which can allow you to challenge the prenuptial agreement. If this is the case, the following blog explores when you may need to raise concerns in court and how New Jersey prenuptial agreement attorneys can help you through these complicated issues.
A prenuptial agreement is a document that a couple will sign before they are legally married that determines how their assets will be handled in the event of a divorce. Typically, these are used to protect the personal assets of each spouse as they will likely become joint property over the course of the marriage due to the intermingling of assets. As such, this allows each spouse to ensure their personal property remains theirs, as opposed to being divided between the spouses.
In New Jersey, the state adheres to the equitable property distribution method, which examines each spouse’s financial and domestic contributions to the marriage to determine how much of the joint assets each spouse is entitled to. This differs greatly from the community property method, which divides a couple’s marital assets evenly between both parties, regardless of the contributions they’ve made.
Creating a prenup establishes each couple’s assets to help ensure their property is protected and they can move through their divorce quickly.
Unfortunately, there are several reasons you may need to challenge the validity of a prenuptial agreement in court. If you are getting divorced, you may notice issues with your prenup that can impact the outcome of how your property is divided in court. Though the document is supposed to be legally valid when it’s created, mistakes can leave you in limbo.
One reason you may want to challenge a prenup in court is that you discovered your spouse was concealing assets. When establishing a prenuptial agreement, you and your spouse must disclose all assets and debts to ensure the agreement you reach is legally binding and fair. If you later discover your spouse was hiding assets or was not honest about the extent of their debt, it can impact the validity of your agreement.
Another reason you may need to challenge the validity of a prenuptial agreement is because you were coerced into signing the document. Though difficult, if you can prove that you were forced to sign or manipulated into signing the document, it may be successfully challenged in court.
As you can see, prenuptial agreements are incredibly complex. That’s why it’s imperative to work with an experienced family law attorney from Haber Silver Russoniello & Dunn to guide you through these matters. Our firm will examine your circumstances to determine the best course of action for your needs. Contact us today to learn more.
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