Many people who choose to get married do so because they are expecting to stay with their spouse until death do them part. However, many New Jersey couples do not end up going the distance and find themselves in divorce court, battling over everything from time with the kids to various marital assets. If the couple has a prenuptial agreement in place, the property division part of the divorce is often much easier.
What is a prenup and what does it cover?
In New Jersey, a prenuptial agreement is a written contract that a couple enters into prior to marriage that addresses several marital and divorce issues. A prenuptial agreement can cover many different topics relating to the divorce. Some of these topics include:
- Property division: Protect each spouse’s premarital property and specify how to distribute marital assets (e.g., house, investment accounts, or trusts) in the divorce.
- Spousal support: Establish which spouse will be receiving alimony (if any), how much will be awarded, how long payments will continue, and other conditions.
- Choice of law: Establish which law governs the construction of the prenup.
- Other matters not violating public policy
What makes a prenup unenforceable?
As long as the basic criteria is met, courts are likely to determine that the prenup is enforceable. However, an agreement may be unenforceable if:
- A spouse entered into the agreement involuntarily.
- A spouse was not given a full and fair disclosure of assets/earnings when the agreement was executed (agreement was unconscionable).
No one wants to think about the possible end of their marriage. However, facing the possibility of divorce can protect both you and your spouse in the event it happens. An attorney specializing in family law can make sure that your prenup is enforceable and ready to go if you ever need it.