Prenuptial Agreement
Monmouth County Prenuptial Agreement Lawyer
A prenuptial agreement is a contract between individuals who intend to get married. It sets forth the way that their property will be distributed in the event of divorce or the death of either of the parties. They also address whether or not alimony or support will be considered or waived if the marriage is terminated. Parties should hire counsel up to one year before they intend to marry, as it can take time to draft the agreement, negotiate it, and have it executed several months before the marriage date. Do not have a set wedding date or deposits paid before you start negotiating the prenuptial process.
Attorneys
Both parties should be represented by matrimonial counsel in the negotiation of a Prenuptial Agreement. If one party chooses not be represented an Affidavit waiving the right to counsel can be prepared. Some attorneys will not handle a Prenuptial Agreement if both parties are not represented.
Timing of the Signing of a Prenuptial Agreement
The timing of the signing of a Prenuptial Agreement is important. The closer you sign the agreement to the wedding date it can later be challenged by one party stating that it was signed under duress. There is no deadline, but many attorneys will tell you that they will not represent you on the Prenuptial Agreement if you call them within a short time period of the wedding. For many attorneys this might be one or two months before the wedding date. Additionally, by signing it well in advance of the wedding, you can enjoy the time before the wedding, instead of running around to lawyers offices and discussing what happens if the marriage fails.
Is a Prenuptial Agreement Only For Divorce?
A Prenuptial Agreement not only addresses what happens upon a marriage termination, and discusses what happens with assets and alimony, but it can also provide for what happens upon the death of the parties. Every case is different, but if you have children from a prior marriage whom you want to ensure receive your assets upon death, certain provisions must be listed in the Prenuptial Agreement.
What if one party does not want to sign the Prenuptial Agreement?
You cannot “force” someone to sign a Prenuptial Agreement (this is duress), just like you cannot force someone to get married. The Prenuptial Agreement should be discussed well in advance of planning the wedding. The parties should both hire counsel to represent them. If one party does not want to sign the Prenuptial Agreement, then an option is to not get married. Another option if there is no Prenuptial Agreement and you still want to get married is to keep premarital assets separate and do not use them for marital purposes, and also to keep inherited or gifted assets separate. I advise to have a conversation with legal counsel as to how to protect oneself if there is no Prenuptial Agreement and you still intend to get married.
Can a Prenuptial Agreement Be Signed After the Marriage?
An Agreement signed after the marriage is called a Post-Nuptial Agreement, and these agreements are held to different standards then a Pre-Nuptial Agreement. Many attorneys currently do not want to handle Post-Nuptial Agreements, so it is advised to obtain a Pre-Nuptial Agreement prior to your marriage, if that is something you desire.
Plan Your Marriage with Confidence — Schedule Your Prenuptial Agreement Consultation Today
Contact the Law Offices of Laura M. D’Orsi at (732) 741‑3121 to discuss having a Pre-Nuptial Agreement drafted on your behalf in the event you are considering getting married. Laura D’Orsi has assisted numerous clients in protecting their rights under Pre-Nuptial Agreements.