A person is typing on a laptop placed on a wooden table, with a smartphone beside it, avoiding posting on social media. Nearby, a basket containing oranges and an artwork is visible on the left side

What to Know about a Prenuptial Agreement in New Jersey

It might seem easier to ignore the potential of life’s toughest moments, but being prepared for any worst-case scenario is the best way to tackle hardships for your future self. Drafting a prenuptial agreement is not an easy decision, but in the end it is the smart route to take. Continue reading to learn the most important information about prenuptial agreements in New Jersey. 

Why do I need a prenuptial agreement? 

The fact is simple–no one can predict the future. When it comes down to statistics, over 50 percent of marriages end in divorce. Though drafting a prenuptial agreement is not anything close to romantic, it is a smart and necessary step to protecting yourself and your spouse. The potential for a future of legal problems is not something you want to set yourself up for. Being prepared is the first step. 

How can I be sure my prenuptial agreement is valid? 

Making the decision to create a prenuptial agreement might not be an easy task. We want to be sure that your decision is worth the effort. In New Jersey, there are a list of qualifications that will ensure your documentation is valid. The qualifications are as follows:

  • Prenuptial agreements must be in writing
  • It must include a full disclosure of assets at the time of execution
  • It must be notarized or legalized by a notary 
  • It must be fair and just for both parties
  • It must be executed before marriage

What if I want to create a prenuptial agreement and I’m already married? 

Once you are married, you are unable to create a prenuptial agreement. However, you have other options. Instead of a prenuptial agreement, you and your spouse can create a very similar document known as a postnuptial agreement. 

This legal document will serve a very similar purpose. The difference is that postnuptial agreements are drafted after the marriage has taken place. A postnuptial agreement will also be used as a tool to protect yourself and your spouse from a worst-case scenario. Similarly to a prenuptial agreement, this will not have any effect on the status of your marriage. 

Reach out to our firm today to learn your options and discover more about both prenuptial and postnuptial agreements. Give us a call to learn what is best for you and your marriage.

Contact our experienced New Jersey 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.

Contact Us Today
Website Designed & Managed by