Basic Prenuptial Agreements Facts in New Jersey
We’ve all heard that the divorce rate is high. There are more prenuptial agreements being made because the chance of divorce is higher. You may be wondering if a prenuptial is right for you. It might seem like you’re sealing your fate in divorce, but it also offers a lot of security in the chance things do not work out.
When you’re formulating a prenuptial agreement, and if you’re the party that has the assets and the greater wealth, you may want one to say that retirement assets would not be subject to equitable distribution in the event of a divorce. You may determine a specific amount of alimony that would be paid out, which may reflect the length of the marriage. In other words, the shorter the marriage, the less alimony; the longer the marriage, more alimony. Child support would not be a part of a prenuptial agreement. You can’t bring child support into it because child support is the right of the child, not of either party who would be signing a prenuptial agreement.
Should I Get a Prenup Prior to Marriage
Prenuptial agreements have grown in popularity because that predetermines what would happen in the event of a dissolution of the marriage if you get divorced. Whether you should have a prenuptial agreement or not greatly depends on the difference in assets that the parties are going to have when they come into the marriage. If one has a much greater income and much more assets, one would probably want to have a prenuptial agreement to protect those assets and their earning ability so that they would not be subject to equitable distribution.
Changing a Prenuptial Agreement After Signing
In New Jersey, where one has already entered into either a prenuptial agreement or a post marital agreement and they want to change the terms of that agreement, generally the spouse’s consent is required to do that. The spouses can attempt to negotiate a new agreement. For that, you would certainly need the assistance of an experienced attorney.
If you think a prenuptial agreement may be the right option for you, contact our New Jersey office. Freeman Law Center, LLC provides caring representation focused on helping you through legal situations.