Heymann & Fletcher
October 13, 2021

Prenuptial Agreement in New Jersey

Practice Area: Family Law | Tag: Divorce,Legal Advice

Couples entering marriage never expect to get divorced. But the reality is 50% of marriages in the United States end in divorce. As family law attorneys, we recommend that all couples have an open and honest conversation about a prenuptial agreement. This will not make divorce any less painful, but it will help protect your best interests. Continue reading to learn why you should consider a prenuptial agreement in New Jersey.  

What is a Prenup? 

A prenuptial agreement is a legal document that outlines financial and physical assets each person enters a marriage owning. The document allows you to protect your premarital assets in the event that you get divorced. A lawyer will help a couple draw up the paperwork and agree upon the terms. The agreement can only be amended through a written document signed by both parties, according to NJ prenup law. This does not eliminate the need for divorce proceedings, but it will streamline the process. 

Reasons for Wanting a Prenup 

Couples decide to get prenuptial agreements for many reasons. Children from prior marriages, significant debt, ownership of a business, or family inheritances are all factors that play a crucial role in making this decision. 

  • Children from Prior Marriages: In cases where parents remarry, inheritance and asset division can become more complicated and can leave your children unprotected. 
  • Significant Debt: Separating personal debt, like student loans, from your new marriage. 
  • Ownership of a Business: Businesses are considered a financial asset in a settlement, which can put your company’s future at risk. 
  • Family Inheritances: Ensuring your family investments, properties, and wealth stay within your family. 

No matter your reasoning, it is vital to be on the same page with your future spouse. The stigma surrounding prenup agreements often prevents couples from talking about the importance of having one. Discussing your options with an NJ prenup lawyer can help determine what is best for your future as a couple. Our family law attorneys are here to answer any questions or concerns you may have. 

Give us a call at 973-895-4400 or email us at info@hflawfirm.com. We look forward to hearing from you!