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Toms River Prenup Attorney

 

 

A  prenuptial agreement, otherwise known as a premarital agreement, and commonly referred to as a “prenup,” is a written contract signed by prospective spouses in contemplation of their marriage.  Prenups commonly contain the couple’s agreement regarding the division of assets (and debts) and/or the applicability of alimony/spousal support in the event of divorce.   If you are considering a prenup, or have been asked to sign one, Toms River prenup attorney Jill Jedrusiak can help you.

 

Why Should You Consider a Prenup?

No one goes into marriage thinking it will end.  After getting engaged, couples instinctively start to focus on wedding planning, like finding the perfect venue, wedding dress, and DJ.   It is unlikely that a couple will automatically jump into planning for divorce.  While talking to your significant other about the possibility of divorce feels unromantic and pessimistic, it could potentially save a lot of time, money, and heartache in the long run in the event a divorce becomes a reality.  You and your prospective spouse can sit down as a team and openly discuss your finances and wishes regarding things such as pre-marital assets or feelings about spousal support.  Or if you have children from a previous relationship, you can discuss property that you would like to pass down to them.  Such conversations, while sometimes difficult, can really promote open communication and full disclosure between spouses so each spouse knows where they stand financially.   You are able to agree what should happen in the event of the divorce and protect assets that are important to you, rather than having the courts decide for you later down the road.  There is no doubt that prenup discussions can be emotional, but the heartache and pain caused by a bitter and adversarial divorce can be much worse, particularly if children become involved. 

 

Is A Prenup Enforceable?

Historically, courts were very skeptical of prenups.  However, the law has continually evolved and prenups in New Jersey are valid and enforceable, provided the legal requirements are met.  If you are considering entering into a prenup, it is important you speak with an attorney so you are aware of New Jersey’s law regarding the enforcement of prenuptial agreements.  Similarly, if you are trying to challenge the enforceability of a prenup you previously entered into, you should speak with a prenup lawyer about your specific case.

 

What Should You Be Aware Of?

•     Execute the Prenup Far In Advance of the Wedding - The enforceability of a prenup can be challenged if a spouse can prove that he or she signed it involuntarily, or  under duress.  One such example could be having the prenup presented the night before the wedding, where one spouse says sign it, or no wedding, and the other spouse signs it without the time to fully review it,  only to avoid the humiliation of a cancelled wedding.  Here the spouse could argue that he/she signed the agreement under duress.  To avoid such a potential challenge, it is best for a prenup to be reviewed and signed as far in advance of the wedding as possible.

 

•     Consider Fairness of Agreement Down the Road - As of June 28, 2013, the enforceability of a prenup is now evaluated as of its signing date, not the date on which enforcement is sought.  So this means, that in New Jersey, if the prenup is not unconscionable (unfair) on the day it is signed, it will not be found unconscionable years down the road, regardless of how much circumstances have changed (including sickness, disability, etc).  So be careful about which rights you waive.  Make sure you try and anticipate various events that might occur during the course of a long term marriage before waiving certain rights.  

 

Contact Toms River Prenup Lawyer Jill Jedrusiak Today

If you are considering a prenup, or are challenging a prenup you previously signed, contact the Toms River Law Office of Jill Jedrusiak, LLC.  

 

 

 

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Phone: (732) 719-2202

Fax:    (732) 483-6888

E-mail: Jill@jerseyfamilyattorney.com