Morristown Lawyers Help You Decide When A Prenup Or A Postnup Makes Sense

There are a number of reasons why people choose to have a prenuptial agreement before entering into marriage. Many have children from a prior marriage and want to protect their interests. Others have businesses or family property and want to establish how those assets may be divided in the event of a divorce.

Regardless of the reason, the goals remain consistent — the drafting of an agreement that is fair and enforceable when it needs to be, whether at divorce, death or other event specified in the agreement.

At the divorce law firm of Laufer, Dalena, Jensen, Bradley & Doran, LLC, in Morristown, we take our responsibility to protect client assets and interests seriously, and have drafted hundreds of fully valid and enforceable prenuptial and postnuptial agreements for New Jersey clients.

Do you have questions regarding how to protect hard-earned assets through a prenuptial and postnuptial agreement? Call 973-975-4043.

Skilled Prenuptial Agreements Lawyers

While prenuptial agreements can be effective in their “classic” use, in which one spouse is much wealthier than the other, they can serve other valuable functions.

A common use is to divide assets between a spouse of a second or third marriage and children from a previous marriage. By drafting a prenuptial agreement upon remarrying, you can create a legal structure so that all of your children can share in your assets upon your death, including children from all of your marriages, and even former spouses.

When determining whether a prenuptial agreement is valid, courts consider vital criteria that are critical to the enforceability of a prenuptial agreement, including, but not limited to, representation by an attorney, sufficient time to consider the terms, voluntariness in the execution, understanding of the agreement and, most importantly, complete financial disclosure. Were both parties fully informed of all assets, liabilities and incomes?

At Laufer, Dalena, Jensen, Bradley & Doran, LLC, our attorney team is skilled at meeting courts’ full disclosure rules and other enforceability criteria, and in comprehensively meeting your asset allocation goals.

Postnuptial Agreements Attorneys In Mount Olive

Postnuptial agreements are becoming more popular.

Unlike prenuptial agreements, postnuptial agreements are generally prepared when married spouses desire to memorialize an understanding regarding certain assets or liabilities when no marital discord exists. To the extent that such agreements are prepared with the same formality as prenuptial agreements, they are enforceable.

FAQs About New Jersey Prenups And Postnups

Prenuptial and postnuptial agreements are no longer something just for the ultra-wealthy. Many couples in different economic situations seek to protect their future in the event of a divorce.

Here are some common questions we hear:

What are the main benefits of having a prenuptial agreement?

A prenup encourages couples to be transparent and open about their finances, goals and values. Prenups allow couples to clearly define which assets belong to each spouse alone, which can be particularly important for those who have significant premarital investments, businesses or family inheritances. If a divorce does happen, a prenup can streamline the process and reduce conflicts and legal fees.

What types of assets can be protected by a prenuptial agreement?

Prenups can address both present holdings and future assets. They can generally address almost anything (except child support), including real estate, business interest, retirement accounts or pensions, investment portfolios, pets, intellectual property, inheritances and family heirlooms.

Can a prenuptial agreement address anything other than asset division, such as spousal support?

Prenups are often used to address debts as often as they are assets. If one or both spouses have a lot of debt coming into the marriage, including student loans, prenups can assure each spouse that they won’t be held liable for the other’s obligations.

Prenups can also be used to specify whether either spouse will receive alimony (spousal support) after a divorce and – if so – for how long and how much. This can offer a spouse who is leaving their career to support the other’s business or to raise the couple’s children an important safeguard.

Do I need to hire my own lawyer to review the prenuptial agreement?

While not required, this is absolutely important. Having your own attorney helps make certain that you understand your rights and the implication of the agreement on your future. A prenup is also more likely to be upheld when each party has independent legal representation, since that shows that the agreement was voluntary, rather than coerced.

Contact A Morristown Prenup And Postnup Lawyer Today

For experienced prenuptial, postnuptial and antenuptial legal services, talk with a lawyer at our firm. We feature many AV Preeminent-rated attorneys as well as many lawyers nominated for inclusion to the Super Lawyers list as it relates to family law.

With many lawyers practicing exclusively family law, we are uniquely suited to helping you with any prenuptial or postnuptial agreement issues you may have. We offer consultations in all practice areas, reasonable rates, and are available for evening and weekend appointments.

To speak with one of our family law attorneys today, contact us online or through our Morristown offices at 973-975-4043.