Unfortunately, there are a lot of misconceptions when it comes to prenuptial agreements. Some of the most common myths include:
A Prenuptial Agreement is Only for the Wealthy
Many people believe that a prenuptial agreement is only necessary for those who have a large number of assets or if one spouse has far more assets than the other. This is certainly not the case. Everyone has property that they want to protect. For example, you may have certain items of sentimental value that you wish to keep separate during your marriage. A prenuptial agreement can be useful for anyone who has important assets, whether they be financial or sentimental.
A Prenuptial Agreement Indicates an Unstable Marriage
A prenup is a document that declares how a couple’s assets will be divided in the event that their marriage comes to an end. Many people avoid creating prenuptial agreements because they do not like the idea of planning for the end of their marriage before it even begins. In reality, a prenuptial agreement in no way indicates a lack of trust or a rocky relationship. Instead, it allows both parties to enter this new stage of their lives feeling safe and protected. Additionally, prenuptial agreements allow couples to have important financial discussions that they may not have had otherwise. Getting these discussions out of the way before marriage allows for open communication and can help ensure that both parties are on the same page when it comes to their future.
A Prenup Won’t Hold up in Court
Some people worry that their prenuptial agreement will not hold up in court, therefore there is no use in spending the time or money it takes to create one. If created properly, your prenuptial agreement should hold up in court. This is important as a valid prenup can make the divorce process faster, easier, and cheaper. In order for your prenup to be considered valid, it will have to meet the following requirements:
- The document must be in writing
- Both parties must provide full disclosure at the time of execution
- The document must be notarized
- The document must be fair and just for both parties
- The agreement must be executed before the marriage
If you have any questions or concerns about prenuptial agreements in New Jersey, contact our firm today. We are here to walk you through the process every step of the way.
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