Marriage is a joyous time for most couples; however, no one has the ability to predict the future and whether a marriage will last. In fact, half of all marriages end in divorce, and it would be statistically prudent for each individual to protect the assets he or she acquired before getting married. Under the law, marriage is considered a contract between two individuals. In the case of a divorce, the division of assets such as homes, property, cars, and so on will be divided up according to the law of the state where the divorce is taking place. This is why it is so important to have a prenuptial agreement. A “prenup,” is a tool that can help couples protect their futures as they head into marriage and is a way to determine the rights of each party in advance. Terms and arrangements on specific things in a marriage can be included in a prenup such as:

• Keeping financial accounts separate
• Delineating premarital assets despite comingling 
• Property rights and claims
• Providing and paying for children
• Financial responsibilities in the marriage 

If you and your future partner are considering a prenuptial agreement, call us immediately. We are experienced in drafting and negotiating these agreements so that our clients are protected should your marriage not work out as planned. We will offer you the best service to ensure you are happy and comfortable with your prenuptial agreement. Contact us today.

Basic Requirements of a Prenuptial Agreement:

For your agreement to be valid in the State of New Jersey, the following requirements must be metL

• The agreement must be signed prior to marriage or union.
• It must be written.
• It must have been signed voluntarily by both parties.
• Disclosure within should be full and fair to both parties, the terms of the agreement should be fair to both parties, and it must be executed by both parties before a notary.
• It must include a statement of assets and liabilities by each party. 
• If one party has an attorney, the other should too in order for the agreement to be enforceable

What a Prenuptial Agreement Cannot Do

Issues of child support, custody and rights of access to children in the event of a divorce are legal issues, and they cannot be regulated by a prenuptial agreement. During the divorce process, questions of child support, custody and visitation rights will be determined by the Court. 

Who Needs a Prenuptial Agreement? 

Many couples object to a prenuptial agreement prior to marriage because they believe they do not hold and will not hold sufficient assets to worry about or they believe their marriage will last forever. Although it is true that none of us can see the future, we cannot know whether our spouse will inherit a large estate or whether our partners will prove equally trustworthy 20 years down the road. This uncertainty is what the prenuptial agreement is designed to guard against. 

Drafting Your Prenuptial Agreement

In order to defend yourself against unenforceable consequences in your prenuptial agreement, both parties should seek legal counsel when drafting the document. This ensures that the agreement provides each person with as much defense as can be foreseen should divorce become inevitable. After the document is drafted, each party’s legal counselor should go over the terms of the contract thoroughly before his or her client signs. 

If you need help drafting, reviewing or assessing the enforceability of your prenuptial agreement, the Law Offices of Sylvia S. Costantino, Esq., LLC can help. Call us today at (732) 741-2600 to set up a confidential consultation.