The line between valid and invalid prenuptial agreements

| Sep 19, 2019 | Divorce |

A prenuptial agreement in New Jersey provides couples with a way to separate marital property upon divorce. As known as premarital agreements, these are legally binding agreements. In order to ensure that they are valid and legally binding, however, there are rules that couples need to follow. The guidelines ensure that a person has a valid prenuptial agreement.

FindLaw suggests that verbal prenups are not valid. While it is important to have a conversation about what could happen if the marriage dissolves, couples cannot use that conversation as the agreement. If a couple agrees on something before the wedding, they need to put it in writing. They have to write out a prenup agreement and both spouses must sign it. If written correctly, then it goes into effect as soon after the wedding.

Some couples choose to add child support into the agreement. In most cases, couples cannot do this. If the prenuptial agreement strips a child of his or her right to child support, it is invalid. In addition, there may be adjustments after a length of time. According to Forbes, the circumstance can lend to fairness. For instance, if a person remains married for decades, the amount of alimony they may deserve can change if he or she adjusts to a particular lifestyle.

To keep a prenuptial agreement valid, both parties need to disclose everything. They cannot hide assets. If one party believes that they may come into money in the future, they need to disclose that in the prenup. Inheritances that may arrive after the marriage are important to disclose in the agreement.



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