If there is a valid prenuptial agreement, it will control how property will be divided. If the prenuptial agreement excludes certain property from becoming marital property then property that is excluded will not be marital property. If the prenuptial agreement contains a waiver to a monetary award or other form of equitable distribution such as […]
Prenuptial and Postnuptial Agreements
Does a premarital or prenuptial agreement override normal property division rules?
Can you change your prenuptial agreement?
Your prenuptial agreement can be changed. Once you and your spouse are lawfully married and you decide that you want to change your prenup, all of the changes must be recorded in writing. Each party must sign the amended agreement acknowledging the new editions to the asset list or initial provisions. Your attorney can help […]
What guidance can an attorney offer for prenups?
An attorney can give you feedback on terms you would like to see in a prenuptial agreement and work with you on making the language of the prenup as thorough and precise as possible. If your fiancé objects to certain terms, your attorney can provide alternatives and creative suggestions for making the document one that […]
What can’t be included in a prenup?
The most notable exceptions are child-related matters, including child custody and child support. In New Jersey the courts hold that a child’s best interest can only be determined at the time a child and support order is sought, or a modified require is made, not beforehand. If spouses-to-be make an agreement about yet-to-be-born children and […]
How can a prenuptial agreement outline what happens to alimony?
A prenuptial agreement can provide predetermined details for how much you will pay or receive in spousal support. The prenup can address if one of you becomes ill and can no longer work over the course of your marriage. What if you or your spouse cheats? What about spousal income loss when one spouse stays […]
How can a prenuptial agreement protect assets for children?
If you have children from a previous relationship and know that you would like certain assets you own such as money, stocks, furniture, or other property to be inherited by these children, a prenuptial agreement can include language listing which specific property is to be kept separate for future interest. Bari Zell Weinberger is the […]
What are the common assets included in a prenup?
Real estate. Let’s say you bought a house before you met your fiancé. After the wedding you intend to both reside in the home. In the event of a divorce, is this property a marital property or a separate asset? To avoid the gray area that family homes can fall into, creating a prenuptial agreement […]
What does the process of creating a prenuptial agreement entail?
All prenuptial agreements in New Jersey must be in writing and signed by both spouses to be considered valid. The prenup must also include a statement of assets and liabilities attached to the agreement. This is to guarantee fair and reasonable disclosure of each party’s financial information because misleading a prospective spouse about assets or […]
What types of people benefit from a prenup?
If you’ve already been through a divorce, then you probably already know that the more organized and clear-cut your finances are as a couple, the easier it is for a divorce settlement to be reached. A prenup can help you achieve this. If you have assets that you plan to someday give your children, getting […]
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