What can be included in my prenup?

On Behalf of | Nov 3, 2023 | DIVORCE - Prenuptial Agreements |

Most newly married New Jersey couples hope that their marriage lasts forever. However, not all marriages stand the test of time. A prenuptial agreement can help you and your spouse avoid a messy divorce by laying out the terms of your divorce in advance.

What divorce issues are covered in a prenup?

Many common divorce issues can be covered by a prenup, but its main purpose is generally to address property division. In New Jersey and other equitable distribution states, property is divided fairly and equitably between the divorcing spouses.

However, by agreeing to a prenup, the court will not be deciding who gets what in the divorce. Instead, the court will typically adhere to the terms of the agreement, as long as it finds the agreement to be valid and enforceable under the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act.

In addition to property distribution, the prenup may also include terms to:

  • Implement debt liability limits.
  • Provide for children from past relationships.
  • Protect family heirlooms.
  • Protect your estate plan.
  • Include spousal responsibilities.
  • Address spousal support.

What cannot be included in a prenup?

Generally, the two major divorce issues not covered by prenuptial agreements is child custody and child support. The court will be required to decide on these matters based on several factors that relate to the best interests of the child.

Additionally, you must not include anything illegal, or anything in violation of public policy or morality.

If you are considering entering into a prenuptial agreement with your soon-to-be spouse, it is in your best interest to consult with a divorce or family law attorney. Your attorney can make sure that your agreement meets all legal requirements so it will be enforceable if you ever decide to divorce.