Last Updated on: 16th March 2023, 02:17 pm

Protect Your Future with a Tailored Prenuptial Agreement from Spodek Law Group
Don’t Let the Joy of Marriage Blind You to the Need for Protection

The blissful excitement of getting married can often overshadow the need for financial protection. However, a prenuptial agreement can be a crucial step to safeguard your assets and property in case of divorce. At Spodek Law Group, we understand that every couple has unique concerns when entering into marriage, and that prenuptial agreements should be tailored to individual needs.

Creating a Unique Prenuptial Agreement with Attorney Todd Spodek

Our experienced prenuptial agreement lawyer, Todd Spodek, can assess your circumstances and advise you on how a premarital contract may benefit your situation. Prenups are legally binding documents that set out the rights and obligations of people entering into marriage. They can protect the financial interests of children from previous marriages, shield one spouse from the other’s debt, stipulate whether alimony will be paid in divorce, and more. Our prenuptial agreement lawyer will listen carefully to your concerns and work hard to ensure your best interests are represented.

Understanding New Jersey Law About Prenuptial Agreements

New Jersey’s Uniform Premarital Agreement Act governs prenuptial agreements in the state. Prenups can contain provisions regarding joint and separate property, the right to buy, sell, use, transfer, exchange, abandon, lease, assign, dispose of or otherwise manage and control property, division of property and assets upon separation, divorce, or death, and more. However, prenups cannot determine decisions about custody or child support.

Why You Need a Lawyer for a Prenup

Although it is not required by law to hire a lawyer for a prenup, it is highly recommended. Without legal counsel, your prenup may not be enforceable if it is challenged in divorce. Both parties in a prenup should have their own independent attorneys to ensure that the prenup is enforceable.

Finding a Good Prenup Lawyer

When choosing a prenup lawyer, it is important to find an attorney who is experienced in preparing enforceable prenups in the state. At Spodek Law Group, our family law attorneys have extensive experience creating prenuptial agreements for every unique situation.

Creating a Prenup Checklist

Just as your wedding planning checklist is intended to help make sure nothing is missed, a prenuptial agreement checklist can help you think through what you want to have protected. Your pre-marital assets, your future spouse’s current debt, and your estate plan are some of the important items to consider.

Mid-Marriage Agreements

A mid-marriage agreement is similar to a prenup but can be executed anytime during marriage. They may be valuable for high-net-worth couples who want to define their shared property and its equitable division in case of divorce, a spouse who wants to protect a business from potential divorce fallout, and people who want to protect themselves financially from an unstable marriage.

Enforceability of Prenup Agreements

Some people mistakenly believe that a prenuptial agreement will not survive a legal challenge. However, the determination as to whether a particular agreement will be enforceable hinges upon whether the particular agreement is found to satisfy certain statutory requirements.

Discuss Your Concerns with a Knowledgeable Prenup Lawyer

If you have questions about prenuptial agreements or need assistance in negotiating a prenuptial agreement under New Jersey law, Attorney Todd Spodek and the team at Spodek Law Group can help.

Prenuptial Agreements: Protecting Your Assets Before Saying “I Do” Protecting Your Assets and Planning for the Future

Are you getting ready to tie the knot? Congratulations! No doubt you’re excited about starting a new life with the one you love. But as you plan your future together, it’s important to take a moment to consider the possibility that things might not work out as planned. While it’s not the most romantic topic, discussing a prenuptial agreement can help you protect your assets, plan for the future, and prevent uncertainty and anxiety down the road.

If you or your future spouse has significant assets, a family business, or a child from a previous relationship, a prenup might be advised. A prenuptial agreement is a legal document designed to protect the premarital assets of one or both future spouses. It’s an agreement that outlines the financial and property rights of each spouse, and it can help you avoid disputes and uncertainty in the event of a divorce or other life event.

What Issues are Addressed by a Prenup?

The issues addressed by a prenup vary from situation to situation. Here are some questions our experienced attorneys at Spodek Law Group consider when drafting prenuptial agreements:

• Does either party own a business?
• Are there family businesses or assets to protect?
• Does either party have a child from a previous relationship?
• Does either party have college loans or other debt to be considered?
• Does either party own real estate or other property?
• Will either of you inherit a large amount of money or valuable property?
• Are pensions involved?
• Does either have a professional practice?
• Do you want the agreement to expire after a certain amount of time?
• Do you want to include a fidelity clause?
• Is the future spouse with fewer assets and less earning power willing to waive alimony?

Important Facts to Keep in Mind

If you decide that a prenup is right for you, there are some important things to keep in mind:

• Prenuptial agreements must be in writing and must be signed by both parties.
• Both parties must sign the agreement voluntarily. There must be no coercion.
• Both parties must completely disclose their assets and must attach a statement of assets to the agreement.
• How premarital property is handled in case of separation, divorce, death, or other event can be addressed.
• Each party must be given enough time to study and consider the terms of the prenup.
• It is advisable for each party to be represented by independent counsel; however, if you do not wish to retain a lawyer, you may waive that right in writing.
• Child support, child custody, and parenting time issues may not be addressed in a prenup.
• Prenuptial agreements are not valid for those couples who are not married; however, a cohabitation agreement can be drafted instead.
• A prenuptial agreement goes into effect as soon as the couple marries.
• You may include an expiration date. For example, you may stipulate that the agreement will be void after five years of marriage.

Why You Should Contact Spodek Law Group

People entering into a marriage often do not have a comprehensive understanding of their partner’s assets and debts. By clearly presenting all the assets the couple brings to a marriage and establishing liabilities and responsibilities, couples are able to enter into marriage with less anxiety.