What Should I Include in My New Jersey Prenup?

When you and your spouse decide to spend the rest of your life together, you may be elated to start planning your wedding. However, among picking out venues and cakes, there may be one thing you have not yet considered – whether or not creating a prenuptial agreement is right for you and your spouse. If you have decided to pursue a prenup, it’s important to understand what information you should include in the document. The following blog explores what you should know about these matters and why connecting with New Jersey prenuptial agreement attorneys is imperative to this process.

What Is a Prenuptial Agreement?

A prenuptial agreement is something that a couple will create before they get married detailing what will happen in the event they divorce. This can help make the divorce process go smoother, as the terms and conditions have already been determined meaning the judge has to enforce the prenupital agreement.

Though many assume that discussing the idea of a divorce before getting married means your union is bound to fail, this is far from the truth. In reality, having a prenup can help strengthen your marriage as it requires full financial disclosure from all parties involved to make the contract legally binding. As such, couples have full transparency about the assets and debts of their partner before entering a marriage.

What Information Should Be Included in a Prenup?

If you and your spouse decide a prenuptial agreement is right for you, understanding what information should be included is critical. Generally, one of the most important things you must include in this contract is how you will divide your property during a divorce. This includes creating terms around what property is separate versus joint, and how these joint assets will be distributed.

In addition, you can include terms regarding alimony payments for the lower-earning spouse. Some couples may compromise on a percentage of the paying spouse’s income to account for job loss or promotions that could impact their ability to make payments.

Can an Attorney Help Me Through These Times?

If you and your spouse are ready to create a prenuptial agreement, you may be tempted to print a “Do It Yourself” form online. However, doing so poses risks as many online legal forms do not contain state-specific language and you may make errors that invalidate the entire process. As such, your prenuptial agreement may be deemed unenforceable, meaning you’ll have to pursue a traditional divorce and your assets will be at further risk.

As you can see, connecting with an attorney is critical to ensure your agreement is honored. If you have determined this is best for your needs, the team at Haber Silver Russoniello & Dunn can assist you. We understand how complex these matters can be, which is why our firm is committed to helping you. Connect with us today to get started.