Complete Guide to Prenuptial Agreements in New Jersey

Prenuptial Agreements Make Divorce Less Complicated

Prenuptial agreements got a lot of attention in May of 2016 as news broke that Johnny Depp and Amber Heard, the Hollywood celebrity couple who have since gone through a divorce, did not have a prenup. This was one of the many reasons why their divorce was extremely complicated – and very costly – for the parties involved.

Gabrielle Moss, a lifestyle editor for an online publication, recently wrote about her own decision to get a prenup in advance of her marriage. The article Moss wrote, provocatively titled “7 Reasons Getting a Prenup Can Be a Feminist Act,” explored some of the benefits of getting a prenup. For Moss, a prenup is a “feminist act” because it guarantees her independence and ensures that she will not be financially dependent on her husband in the future.

Of course, a lot of people believe that they will never need a prenuptial agreement because they simply don’t expect to ever get divorced. But that’s the thing about divorce – no one entering into a marriage expects their marriage to end. Yet it still happens, often due to unforeseen circumstances that are beyond the control of the parties.

A prenuptial agreement is a legal document signed by a couple before getting married. The contract typically establishes ownership of each party’s individual assets and lays out the groundwork for the division of assets and property in the event that the couple eventually gets divorced.

One of the big advantages of a prenup is that it simplifies the legal process for a couple going through divorce proceedings. The divorce laws in New Jersey are complex, and the divorce courts can be difficult to navigate. On top of that, the divorce process is often stressful, time-consuming, and costly. Anything you can do now to make the divorce process a little easier later on – should you decide to get divorced – has significant advantages.

For additional information, read the Bustle.com article, “7 Reasons Getting a Prenup Can Be a Feminist Act.”

How Do You Know You Need a Pre-Nuptial Agreement?

In the scheme of life, the “pre-nup discussion” isn’t generally a favorite topic. This document, negotiated and agreed upon by two people getting married focuses on who gets what – money, property, etc. – should the marriage dissolve. By definition, discussing the end of the marriage as you are about to walk down the aisle can feel uncomfortable at best.

Still, there are many reasons to sign a pre-nup agreement. While divorce laws provide for the equitable distribution of assets in the event either party wants to end the marriage, relying on the laws means a judge will be making substantial decisions about your future. A prenuptial agreement, on the other hand, allows you and your soon-to-be-ex to retain more control of the end result of the asset distribution.

Of course, there are downloadable do-it-yourself pre-nup templates on line. Unless your circumstances are extremely simple (and if they are you likely wouldn’t be thinking about a pre-nup, right?) you need to speak with a qualified family lawyer who can assist you in looking at the bigger picture. Remember, it’s a picture you are hesitant to contemplate; a knowledgeable divorce lawyer can put his experience in these situations to work for you.

Great Reasons to Sign a Pre-Nup

You earn more than your spouse (or you have more money in general). A pre-nup can do a few things for you. First, it can protect family money or assets that should stay in your possession should the marriage fail. This includes heirloom jewelry and artwork, for example, not to mention your inheritance. Second, if you have any doubt that your partner is marrying you for your money, a pre-nup will put those fears to rest.
This is your second marriage. It’s funny how time and experience can change your view of the world, isn’t it? If you are getting remarried, you may have children, an obligation to support them, as well as significant assets already in your name. And, maybe you’ve been down this road before, perhaps. A pre-nup will make sure your first family and your next are both protected, regardless of what happens.
You have business assets. You have, no doubt, put a lot of blood, sweat, tears and money into your business. As much as you work hard to grow it today, you should want to protect this important assets should your marriage not work out. Of course, you will hopefully benefit from the business during your marriage, but you shouldn’t have to give up what you’ve earned in case of a divorce.

On the other hand, if you happen to be the partner who is less well off, not as well educated or if you plan on not working to raise children, a prenuptial agreement can protect you, as well. In the event of a divorce, you know you (and your children) will be taken care of because those financial decisions were made in a happier time.

Divorce and related issues, including pre-nuptial agreements, are complicated areas of the law to navigate alone. Please contact a knowledgeable family lawyer who will guide you through the process, explaining each step, answering questions and protecting the interests of all parties involved.

We Proudly Serve All of South Jersey

Ron Graziano of Graziano & Flynn has been assisting clients in Cherry Hill, NJ, and throughout South Jersey with their pre-nup agreements. He will protect your entire family, assuring peace of mind for all. Contact him today.

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