Bergen County Prenuptial Agreements Lawyer
Do you need help drafting or contesting the terms of a prenuptial agreement? Arons & Solomon can help.
Contact our Bergen County prenuptial agreement lawyers to discuss your legal options and get the assistance you need.
Your first consultation with our experienced team is free – so don’t hesitate to call now.
How Arons & Solomon Can Help You Navigate Your Prenup
It is well known that a prenuptial agreement can protect the assets of a wealthy person who plans to marry.
But did you know that prenuptial agreements can protect both parties?
Arons & Solomon handles all concerns relating to prenuptial agreements. Our divorce lawyers in Bergen County have decades of hands-on experience in negotiating, drafting, and invalidating marital agreements.
If you are going through a divorce or dissolution in New Jersey, you must let your attorney know whether you entered into a prenup.
Prenuptial agreements help resolve issues before the dispute arises. Unless the agreement is invalid, the terms are enforceable on divorce.
At Arons & Solomon, we have experience counseling clients with prenuptial agreements. We can determine whether the prenuptial agreement is valid and enforceable in New Jersey. We can answer any questions you have about the meaning of your prenup or how the terms will be carried out.
You need a full-service family law firm to handle your divorce litigation and prenuptial agreement. At Arons & Solomon, we are ready to hear your story, understand your goals, and come up with a legal strategy that optimizes your results.
Overview of Prenuptial Agreements
A prenuptial agreement is a kind of contract entered into by two people who intend to marry. It must be written and be signed before the marriage. It becomes effective upon marriage.
A valid prenuptial agreement is legally binding. Spouses may waive, surrender, or give up certain rights in the document. The consequences of prenuptial agreements can be significant.
It is recommended to consult with an attorney before signing a prenup. An experienced family law attorney can help you figure out if a prenuptial agreement is a good fit for your situation.
It is not recommended to sign an agreement if you have not had a chance to talk to a lawyer about it. Some people strategically present prenuptial agreements just before marriage. A spouse may then feel pressure to sign out of fear of delaying the ceremony.
When a marital relationship unravels, a spouse’s attitude toward the agreement can change. Spouses may question whether their prenuptial agreement protects them after all. Or they may regret signing the agreement and try to challenge its validity.
Issues Addressed in Prenuptial Agreements
Traditionally, prenups directed the distribution of property in the event of a divorce. However, under New Jersey law, a prenuptial agreement can address how to handle issues in the event of death or divorce, including:
- Division of assets
- Ownership of and beneficiary designations on life insurance policies
- Responsibility for premarital debts
- Alimony or spousal support
- Personal rights and responsibilities, if they are consistent with public policy
A prenuptial agreement can address property division upon a spouse’s death.
If it does, it might also set up a trust or will to handle the distribution of the marital estate.
New Jersey prenuptial agreements cannot address issues that could negatively impact the rights of a child. For example, prenups cannot limit child support or surrender child custody. Instead, the court makes child support and child custody decisions based on the parents’ circumstances at the time of the award.
Benefits of Prenuptial Agreements
Intended spouses may elect to enter a prenuptial agreement for personal reasons. A prenup can protect assets a spouse acquired before the marriage from equitable distribution. Some parents use prenuptial agreements to protect children from previous relationships.
Both spouses can benefit from a prenuptial agreement. Negotiating a prenup creates an opportunity to discuss financial concerns in advance.
A detailed pre or postnuptial agreement can support a low-conflict divorce. When spouses decide on issues in advance, they do so without the added stress of a deteriorating relationship.
Our Bergen County Family Law Attorneys Will Handle All Aspects of Your Prenup
Our law office in Bergen County handles a wide variety of work relating to pre and postnuptial agreements.
Typical services include:
- Negotiating valuable concessions for our clients
- Drafting clear, concise, and valid language
- Reviewing pre/postnuptial agreements
- Consulting clients as to the consequences of prenups
- Challenging invalid contracts
- Managing uncontested divorce and property settlements
Work with an attorney experienced with prenuptial agreements in New Jersey to protect your interests.
Prenuptial agreements must meet detailed requirements to be valid in New Jersey. Prenuptial agreements can be invalidated for technicalities. Arons & Solomon will evaluate yours if you believe it may be invalid.
Negotiating Prenuptial Agreements
Prenuptial agreements should not be one-sided. Intended spouses can negotiate the terms to ensure that the contract is fair. A spouse who gives up their career to support the family can bargain for financial security in acknowledgment of the value of their work.
A skilled negotiator creates value for both parties and takes from neither. Prenuptial agreements can state agreed-upon obligations for spouses. For example, requirements to vacation, dine, or spend a minimum amount of time together.
Drafting Prenuptial Agreements
If you wish to protect your premarital assets and provide security for your spouse, reach out to us for a consultation. We can tailor a prenuptial agreement that meets the needs of your specific situation.
A successful prenuptial agreement inventories the parties’ financial status. When drafting an agreement, intended spouses should be honest and fully transparent.
It can be uncomfortable for intended spouses to search for areas of potential disagreement. Experienced family law attorneys are familiar with the most common issues that might otherwise be overlooked in a prenuptial agreement.
Creative = agreements can represent bargained-for benefits for both spouses. At Arons & Solomon, we look forward to developing creative solutions for our clients.
Prenuptial Agreements and Collaborative Divorce
Spouses who entered an agreement were thoughtful enough to plan ahead.
If spouses agree on the validity and interpretation of the prenup, there may be no need for a contentious divorce.
Instead, many Arons & Solomon clients prefer a collaborative divorce.
In a collaborative divorce, spouses agree to work out any disputes through open communication and a spirit of compromise.
Spouses in a collaborative divorce agree to complete sharing of information. As a result, assets subject to the prenuptial agreement can be quickly identified, fairly valued, and divided without incurring the unnecessary expenses of subpoenas and discovery requests.
Invalidating Prenuptial Agreements
Like any other contract, prenuptial agreements can be challenged by the parties who previously agreed.
The form of a pre-marriage agreement must meet several legal requirements. Common issues as to form include:
- One or both parties did not sign
- One or both parties did not sign in the presence of a notary
- The agreement lacks a notarial signature or seal
- The agreement was not executed before the marriage
Each of these technicalities can support a claim for invalidation of a prenuptial agreement.
Another common theory used to attack prenuptial agreements relates to a party’s willing agreement or consent.
Vices or impairments of consent include:
- Deception: if one spouse misleads the other concerning a premarital agreement
- Duress: using threats or coercive behavior to secure a person’s agreement
- Lack of mental capacity to consent
If you have questions or concerns about the consent you gave to a prenuptial agreement, you should discuss them with an attorney. It can be difficult to separate emotions from reason when the consequences are personal. An attorney can offer an objective view.
Whether purposefully or by neglect, some prenuptial agreements are presented to intended spouses shortly before the wedding is scheduled. When an intended spouse is denied appropriate notice and time to review a prenuptial agreement, it may be invalided by a vice of consent.
Against Public Policy
Each intended spouse should have their own competent counsel when entering a prenuptial agreement.
Attorneys help clients understand the consequences of their premarital contract.
When parties make an agreement that is against public policy, the agreement is unenforceable.
A claim of invalidity can be based on a prenuptial agreement that is against public policy or signed without the benefit of legal counsel.
If the intended spouses shared an attorney, one spouse may have a claim to invalidate. One attorney cannot represent two intended spouses without the potential for a conflict of interest. If the intended spouses shared an attorney, the agreement might be invalidated.
Generally, parties can agree to a contract for anything that is possible and legal, even if it’s stupid. Judges have the discretion to invalidate any part of a prenuptial agreement that is unconscionable.
Terms that may be deemed unconscionable could include:
- Agreements that cause unnecessary financial hardship
- Conditions relating to sexual behavior, intimacy, and frequency
- Restrictions on appearance, dress, or hairstyles
- Limitations on weight gain or loss
Spouses can agree to any private behavior they wish in a prenuptial agreement. However, agreements that are unconscionable, humiliating, or demeaning are subject to invalidation.
Amend or eliminate by consent
Since parties can enter prenuptial agreements by consent, they can also amend or eliminate them by consent. If spouses wish to change the terms of the agreement they entered before marriage, it is possible for them to do so.
Helping Couples Across Bergen County and Northern New Jersey
While our law offices are conveniently located in Hackensack and Madison, our legal services aren’t just limited to those towns. Arons & Solomon is proud to offer compassionate and caring representation to clients all across Bergen County.
- Franklin Lakes
- Upper Saddle River
- Old Tappan
- Saddle River
If you need help with a prenup, we can help. To get started, all you have to do is give our law office a quick call to set up a time to sit down with a member of our team.
Schedule a Free Consultation With a Bergen County Prenuptial Agreements Lawyer
Prenups can be confusing. The Bergen County prenuptial agreement attorneys at Arons & Solomon are here to offer some legal advice and help you figure things out. Call our law firm to arrange a free consultation to get started today.