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Prenuptial Agreements in New Jersey | What You Need to Know


Getting married is a huge step for any couple. If you and your partner are ready to get married, you’re most likely putting a significant amount of planning into your wedding, as marriage, of course, is a big deal. That said, just as you plan for your wedding, it’s important to use this opportunity to plan for anything life throws your way.

Though drafting a prenuptial agreement is not particularly romantic, it can potentially save you serious headaches in the long run. Fortunately, we live in a time where the stigma that used to surround these agreements is largely gone. More and more couples are turning to these agreements to help protect their hard-earned assets from a potential future divorce, and if you’re one of them, you should read on and reach out to the Law Offices of Katherine K. Wagner to learn more about prenuptial agreements and how drafting one may benefit you.

What assets can I protect with a prenuptial agreement?

Fortunately, couples who draft prenuptial agreements can protect many different assets from the pitfalls of divorce, including the following:

  • Real estate properties
  • Vehicles
  • Inheritances
  • Retirement accounts
  • Businesses
  • Future alimony agreements
  • Trusts
  • Personal property

What can’t I protect with a prenuptial agreement?

Prenuptial agreements are very useful tools for protecting assets, but they can’t protect everything. For example, you cannot outline future child custody or child support terms in a prenuptial agreement. You also cannot set terms for child-rearing or other personal preferences.

What constitutes a valid prenuptial agreement in New Jersey?

As with any legal document, a prenuptial agreement must meet several qualifications before it is seen as valid and enforceable under New Jersey law. Those qualifications are as follows:

  • Both parties must fully disclose their assets and liabilities.
  • Both parties must retain independent legal counsel.
  • The agreement must be in writing, signed by both parties, and notarized timely.
  • There must be no evidence of coercion, manipulation, or deceit into signing the document.

Can I draft a prenuptial agreement if I am already married?

Once you are married, you may no longer draft a prenuptial agreement. However, you may draft a postnuptial agreement. Postnuptial agreements serve the same essential purpose, though they are solely drafted after marriage. If you would like to draft a prenuptial or postnuptial agreement with your spouse, please don’t hesitate to contact the Law Offices of Katherine K. Wagner. Our firm is here to help.

Contact the Law Offices of Katherine K. Wagner

Do not face complex divorce and family law matters alone. With over 25 years of experience, the Law Offices of Katherine K. Wagner is dedicated to providing you with the knowledge and skill your case deserves. We will fight to protect your rights, your financial security, and your children. Contact the Law Offices of Katherine K. Wagner today for a consultation.

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