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NEW JERSEY PRENUPTIAL AGREEMENTS: WHAT YOU NEED TO KNOW




We have seen an increase in interest related to prenuptial agreements. We are often asked "Is it a good idea to get one?" and "Do I need one?".


BENEFITS


There are certain benefits to having a prenuptial agreement:


- It can prevent lengthy litigation in the future if there is a divorce

- There is a predetermined path set out that both parties agree on before the relationship break down


PROTECTION OF ASSETS


A prenuptial agreement can be used to protect the following assets:


- Real Estate

- Business Assets

- Investment Accounts

- Foreign Assets/Properties

- Trusts


FUTURE DETERMINATION OF OTHER FINANCIAL ISSUES


Prenuptial agreements can help in resolving the following financial issues in a divorce:


- Waiver of Alimony

- Amount of and Length of Alimony

- Division of Business Assets/Interests

-Division of Investments


VALIDITY OF PRENUPTIAL AGREEMENT


For a prenuptial agreement to be valid and enforceable the following factors should be present/satisfied:


- Parties enter the prenuptial agreement voluntarily

- Parties fully disclose all assets

- Parties obtain indépendant legal counsel

- Parties have ample time to review the terms of the prenuptial agreement before they are married


If you have any questions regarding a prenuptial agreement, please give us a call! Our attorneys have years of experience drafting and reviewing prenuptial agreements to protect our clients now and in the future.


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