Creating a Solid Prenuptial Agreement
The last thing any newly engaged couple wants to think about is a prenuptial agreement. It is not as romantic as shopping for a wedding dress or registering for everything you have ever dreamed of at your favorite store. However, there are many cases in which a couple has made the decision to establish a prenuptial agreement to ensure that their legal rights remain protected in case of any future challenges or a divorce. Here are some ways to create a solid prenuptial agreement before you start sampling those wedding cakes.
If you are considering obtaining a prenuptial agreement, you should act relatively quickly for several reasons. While you may not want to immediately hand your loved one paperwork to sign after a proposal, the truth is that you should have probably discussed it prior to becoming engaged. However, if you have made the decision to wait until after a proposal, or if you just were proposed to and are considering a prenuptial agreement, the sooner you complete the process, the better. The reason is because the longer you wait, the more the argument could be made that the prenuptial agreement was actually made under coercion or duress.
If you are planning on spending the rest of your life with this person, you should be honest from the beginning. Any future inheritances or windfalls you expect to receive, as well as your income should all be on the table. If you ever attempt to hide any asset, or future asset that you have knowledge of, your prenuptial agreement could be considered legally invalid.
Make sure that your prenuptial agreement is reasonable and fair. You are entering into a union and therefore, you are unable in a legal document to require another person to uphold frivolous or absurd clauses. For example, you can not require a spouse to maintain a certain weight or that they continue to dye their hair. You also can not place anything in a prenuptial agreement regarding any future financial issues such as child support, relationship terms, or any deceptive or illegal clauses. However, in the state of New Jersey, you are able to include the elimination or modification of alimony, also known as spousal support.
The state of New Jersey has certain legal requirements of a prenuptial agreement. Visiting with an experienced attorney will help ensure that your legal rights are protected.
Contact an Experienced Attorney
If you want to ensure that your assets are protected, and are considering creating a prenuptial agreement with your soon to be spouse, you should contact an experienced attorney. While this may not be the most romantic part of the engagement period you and your fiance experience, you will both ensure that your legal rights are protected. At Giro, LLP, Attorneys at Law, our lawyers have the experience to effectively represent you during the creation of your prenuptial agreement. Contact our experienced lawyers today to schedule your initial consultation and learn how we can help you.