South Jersey Prenup Lawyer

Prenups can be very contentious issues, but they can also be very powerful tools either or both spouses might need.  The initial shock of being asked to sign a prenup might take you back at first, but having one in place can be ideal for both sides.

Especially if you have a high net worth or specific assets that need protection, a prenup might be vital for you.  If you own a business and have a responsibility to your employees, having a prenup might even be necessary.  However, not all prenups are good or fair, and it is important to have a lawyer on your side, whether you are the one asking for the prenup or the one signing it.

For a flat-rate consultation on your case, contact the prenup lawyer at Carl Taylor Law Firm LLC at (609) 359-3345 today.

What is a Prenup?

"Prenup" is short for prenuptial agreement, meaning an agreement you enter into with your future spouse before getting married.  These are sometimes called antenuptial agreements, but they are different names for the same thing.

Both parties must agree to a prenup, and it cannot be forced on anyone.  Whether you ultimately sign the agreement is up to you and should be discussed openly with your spouse.  Each side should have access to a prenup lawyer before signing to ensure fairness.

How Do Prenups Work?

Generally, prenuptial agreements make decisions about what will happen if the couple gets divorced down the road.  Divorce cases have many economic and financial issues, and a prenup can decide many of them from the outset.

For example, all of these financial issues will need to be decided if you ever get divorced:

• What property is individual and what is part of the marital estate?
• How should shared assets be divided equitably?
• Should alimony be paid?
• How much?
• Should child support be paid?
• How much?

Usually, prenups are not supposed to be used for child custody or child support, and decisions need to be made based on what is best for the child.  However, additional payments beyond what the court orders necessary might be available in a prenup.

Are Prenups Legally Enforceable?

Not all prenups are legally valid or enforceable.  Generally, you cannot enforce a prenup signed under duress or an agreement that includes terms that violate public policy.

Additionally, prenups usually require full disclosure of all financial assets before signing.  This means that if the spouse proposing the agreement hid bank accounts or trusts from their fiancé(e), the agreement might ultimately be thrown out or even declared fraud.

Making sure both sides work with a lawyer can help ensure the prenup stands up to scrutiny if you later get divorced.

Defining Separate Property in a Prenup

One key benefit of a prenup is that it can define what is "separate property" or "individual property."  During a divorce, only "marital property" is divided.  Anything "separate" is still owned by either spouse individually, and it is not subject to equitable division.

The law, by default, keeps certain property separate, such as the following:

• Cars, money, accounts, or other property either spouse owned before getting married
• Gifts given to one specific spouse
• Inheritances given to one specific spouse
• Accounts that have not been "commingled."

Anything that is obtained as a replacement for one of these can also be separate.  For example, if you owned a classic car before getting married and traded it in for a different classic car after getting married, that car should still be separate property.

Prenuptial agreements can also help draw these lines so that there is no debate later.  You can even declare certain assets separate in the agreement, meaning they cannot be divided during divorce.  For example, you can use this to protect...

• 401(k)s and other retirement accounts
• Investments
• Companies and business assets
• Homes, rental properties, and other real estate.

Infidelity Clauses and Cheating Agreements in Prenups in South Jersey

One use of prenups in celebrity news and movies/TV is an "infidelity clause."  The theory is to include a clause that says that if the spouse who wants the prenup is unfaithful, then the other spouse gets additional alimony, a better split of their shared assets, or property that would otherwise be separate/individual property.

These clauses are generally legal and may be the only way to "penalize" a spouse for cheating under NJ law.  Otherwise, New Jersey does not usually take "fault" into account during equitable distribution or alimony determinations.

Do I Have to Sign a Prenup?

No one can make you sign a prenup, and prenuptial agreements signed under duress are invalid.  If your fiancé(e) demands a prenuptial agreement and says they will not marry you unless you sign it, it is likely that agreement would be a bad one.

Prenuptial agreements forced onto a potential spouse, brought out in surprise on the morning of your wedding, or presented under otherwise sneaky or unfair circumstances are often suspect.  They may include terms that are not legally enforceable or unfairly pressure the spouse being asked to sign.  In these cases, refusing to sign until a lawyer reviews it is your best option.

Can I Have a Lawyer Review a Prenup Before I Sign it?

As mentioned, no one can force you into signing a prenuptial agreement.  You always have the right to say no entirely or to have a lawyer review it first before you sign it.

You can have your lawyer sit down with your future spouse's lawyer to negotiate terms and come up with a prenuptial agreement that satisfies both parties.

Should I Let My Fiancé(e) Review a Prenup with a Lawyer?

Starting off a marriage with unfair pressure is usually not advisable.  Marriage is a two-way street, and you should not expect your spouse-to-be to immediately agree that your proposed prenup is fair.

Ensuring that your future spouse has had access to a lawyer can ensure there is no duress, that the terms are legally enforceable, and that both sides' views are represented in the agreement.  Your spouse should also have a different lawyer to ensure no conflicts of interest.

Without a lawyer, your spouse has a stronger argument that they signed under duress, which might invalidate the whole prenup.

Call Today for Help Writing or Reviewing a Prenuptial Agreement in South Jersey

Call prenup lawyer Carl Taylor at (609) 359-3345 for a 1-2 hour flat-rate consultation on your potential prenup needs.

Take the First Step?

Schedule a Flat Rate $250.00 Consultation with the firm and receive a 1-2 hour strategy session with Carl and a complementary copy of his book "Happily Even After: the Guide to Divorce in New Jersey.