Heymann & Fletcher

Prenuptial agreement offers protection in event of divorce

Prenuptial agreements are legal documents designed to protect both men and women in the event of the dissolution of a marriage. A common misconception is that a prenuptial agreement is most appropriate for protecting a rich older man from a young trophy wife if a divorce is inevitable. However, the reality is that these types of contracts are ideal for anyone getting married in New Jersey.

As couples wait longer to enter marriage, women today are accumulating more assets prior to their marriage than they did two decades ago. For this reason, prenuptial agreements are essential documents for the modern woman. Any property that the woman brings into a marriage is considered premarital property and thus is not subject to property division laws during a divorce proceeding. In addition, a prenuptial agreement can be used to protect a retirement account started prior to the marriage.

When it comes to gifts received during the marriage, a prenuptial agreement may classify any gift obtained as belonging to the person who received it. This will allow the woman to hold onto any jewelry she has received. Otherwise, all of the jewelry she has gotten will have to be appraised and then divided in a divorce.

Including an infidelity clause in the prenuptial agreement may also be helpful in the event a husband ends up cheating, thus leading to divorce. If he cheats, the agreement can require him to pay. This move may be helpful particularly if a husband is known to have cheated in the past. An attorney in New Jersey can help with drafting a prenuptial agreement that reflects one's wishes and best interests.

Source: jaxdailyrecord.com, "Prenups are for women, too", Heather Quick, Feb. 20, 2017

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