What should you put in a prenuptial agreement?

On Behalf of | May 6, 2023 | DIVORCE - Prenuptial Agreements |

The New Jersey Statutes dictate what you can put in your premarital agreement. It generally allows anything that is not illegal or otherwise violates public policy.

The statutes give a specific rundown of items that you might want to include, and this acts as an effective guide to ensure your agreement is efficient and effective.

Retirement or post-death issues

Your premarital agreement is not just for a divorce situation. It also can ensure that should one of you die that you will have proper legal documents in place to ensure the surviving spouse is not left in a bad financial situation.

Items that you might cover include agreeing to create a will or other estate documents to provide care for the surviving spouse and ownership rights to retirement accounts or death benefits.

Property management

A large portion of the agreement will typically cover property distribution and ownership. You can outline which assets belong to each spouse. You also can dictate the obligations you wach have in the management of property or assets, including the ability to sell or transfer any assets.

Future needs

Your premarital agreement may also cover what would happen in a divorce. It can state the details of any spousal support agreement or completely take that option off the table. It also should determine the division of property in a divorce.

While these are not the only points to cover in a premarital agreement, they do offer the most common areas you might include. Keep in mind that you have leeway when creating the document, but you could void the document or parts of it by including items not allowed by law.