In a divorce, one of the most contested matters is the division of assets. It is because of this that there are many couples who anticipate the issue and create a prenuptial agreement before their marriage. Often referred to as a prenup, this is a contract both parties sign that outlines how their assets would be divided in the event that they go through a divorce in the future. Just like other divorce or family law documents, this agreement can be enforced by the court in the event that one spouse refuses to abide by it. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for assistance with your case.
How Can a Prenup be Enforced in New Jersey?
In the state of New Jersey, the law was changed in 2013 regarding how prenuptial agreements are evaluated for enforceability. Before then, these agreements would be examined by a judge at the time of the couple’s divorce to see if it can be legally enforced. Now, all prenups that are entered into after 2013 are examined and determined whether or not to be enforceable at the time the agreement is signed before the marriage.
Whether or not a prenup is enforceable by law can be simplified to the following key factors:
- If each party had their own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
How do I Create an Enforceable Prenup?
It is important to be aware that a prenuptial agreement can only be created before the marriage is official. In doing so, there are certain guidelines that must be followed to ensure the document is legal and can be used if necessary. The requirements are as follows:
- 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
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