Despite their usefulness in a variety of situations, there is still a stigma attached to premarital agreements. Many think that the mere mention of the term “prenup” is an implicit admission that the marriage being entered into is doomed. Looking beyond social mores, though, it is clear that premarital agreements can provide a number of benefits to couples. This blog will explore a few of those benefits, along with some other considerations.
What Does a Premarital Agreement Do?
A premarital agreement can accomplish many things. Its overarching purpose is to protect a spouse’s assets and other financial interests in the event of a divorce. More specifically, a premarital agreement can:
- Stipulate that an individual spouse will retain ownership of a residence, vehicle, business, securities, stocks, or other significant assets if a divorce occurs
- Lay out the type, amount, and term of any alimony paid from one spouse to another (in addition to waiving alimony altogether)
- Address ownership rights and benefits regarding life insurance policies or retirement plans
- Address the creation of a trust or other legal instrument to execute the terms of the premarital agreement
- Specify particular assets as going to one spouse or the other in the event of a divorce
- Provide details on other personal rights and obligations (within the bounds of the law)
When Does it Make Sense to Have a Premarital Agreement?
The truth is that any couple can make use of a premarital agreement, no matter how many assets each spouse owns or the amount each has in the bank. There are certain conditions, however, that would mean a premarital agreement is an especially smart legal document to have on hand. These situations include:
- An individual marrying for the second time or later in life
- Someone with children from one or multiple prior marriages
- Someone with a much greater net worth than their fiancé
- An individual who owns a successful business
- A marriage in which one spouse has a significant amount of debt
Can Premarital Agreements Be Found Invalid?
The answer is yes, though it is not common for this to occur. There are a handful of requirements for a premarital agreement to be considered valid in New Jersey, including the stipulation that both spouses, after retaining independent counsel, looking over the proposed agreement, and disclosing all assets, voluntarily enter into the agreement. If any of those conditions are found to not have existed, it is very possible that the premarital agreement will be deemed invalid.
Conclusion
Once one is able to look past the stigma attached to premarital agreements, a useful, effective, and sensible legal document is revealed. If you are engaged and interested in exploring your options with a premarital agreement, reach out to our firm today to discuss the next steps for you. You can reach us by phone at 609-241-7111. We look forward to speaking with you!
Csépes Law Offices
Latest posts by Csépes Law Offices (see all)
- What Happens To A Green Card During A Divorce? - May 16, 2023
