Providing Marital Agreement And Modification Services In New Jersey
Our comprehensive family law practice also includes prenuptial and postnuptial agreements. These are contracts that establish the property and financial rights of each spouse in the event of a divorce, including spousal support obligations.
In fact, the scope of a prenuptial agreement is really as broad you would like to make it, confined by only state and federal law. You might include terms to proactively avoid co-parenting disputes, in the event of a divorce.
Traditionally, couples have utilized prenuptial agreements in high-asset marriages, where one or both parties wanted to protect business interests or other assets they owned before the marriage. Couples entering into a second marriage may also benefit from a prenuptial agreement. The contract could clarify each individual’s separate property, as well as any inheritance rights for children from the first marriage.
If you are considering a prenuptial or postnuptial agreement, make sure you consult with an experienced family law attorney. To be valid and enforceable, the contract must be fair, executed without coercion and free of unenforceable conditions. Fairness, in this context, may not mean an equal distribution of marital assets. However, it might cover issues like fraud, where a spouse failed to disclose substantial assets at the time of signing. To rebut an inference of coercion, we encourage parties to consult with an attorney before signing the agreement. Finally, unenforceable conditions are any terms that contradict federal or state laws.
Contact A Skilled Family Law Attorney
An increasing number of couples are utilizing contracts to clarify their financial obligations. Investing in a prenuptial agreement does not indicate a lack of confidence in your marriage. In fact, it can be just the opposite, a symbol of open communication.
You may also wish to modify a judgment to better align with your current situation. No matter your situation or family law concern, contact us online or call 856-234-2855 today to schedule a consultation at our Mount Laurel office.