When a Pre-nup or a Post-nup Makes Sense
Morristown - Randolph - Chatham - Denville - Northern New Jersey
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 family law firm of Laufer Dalena Cadicina Jensen & Boyd, 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 973-813-7667.
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 which is critical to the enforceability of a pre-nuptial agreement including, but not limited to, representation by an attorney, sufficient to 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 Cadicina Jensen & Boyd, our attorney team is skilled at meeting courts' full disclosure rules and other enforceability criteria, and in comprehensively meeting your asset allocation goals.
Post-nuptial agreements
Post-nuptial agreements are becoming more popular. Unlike pre-nuptial agreements, post-nuptial 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 pre-nuptial agreements, they are enforceable.
Contact Us
For experienced prenuptial, post-nuptial and antenuptial legal services, talk with a lawyer at our firm. We offer free initial consultations in all practice areas, accept MasterCard and Visa, and are available for evening and weekend appointments. Our rates are reasonable, and we are conveniently located one-half block from the Morristown Green. To contact us, call 973-813-7667.
