Prenuptial Agreement Lawyers in Monmouth County
Drafting Solid Documents
A premarital or antenuptial agreement (commonly called a "prenup") is an agreement between soon-to-be spouses that becomes effective when married. This document will let each partner keep their separate assets and also help define their rights and obligations in a divorce or unforeseen occurrence.
Can I Draft My Own Prenup?
Drafting your own "marriage contract" has great appeal under all circumstances. But before you do, it is wise to seek legal advice, especially if you acquired assets prior to your marriage or civil union, or if one of the spouses or partners earns a significant income.
The family law attorneys at the Law Office of Steven P. Monaghan, LLC have over 60 years of combined experience and can assist you in creating a legally solid prenuptial agreement. Our founder, Steven Monaghan, is certified by the Supreme Court of New Jersey as a matrimonial law attorney, so he provides added knowledge in these matters.
Need a prenup? Call the Monmouth County family lawyers at the Law Office of Steven P. Monaghan, LLC at (732) 624-6343 to arrange for your free initial consultation.
What Makes a Good Prenuptial Agreement?
A prenup must be written down, include a statement of assets, and be signed by both spouses when they are not under duress to be considered enforceable.
The prenuptial agreement should address issues such as:
- Rights and obligations towards any real property
- The rights and duties to manage or sell property and mortgages
- How assets will be divided
- The modification terms of alimony payments
- Arrangement for a will or trust
- Issues dealing with life insurance
- Any other obligations
The people who entered into the agreement are free to amend or revoke the premarital agreement at any time during the marriage. In order to revoke or modify a premarital agreement, the people must agree to do so in writing.
What if the Agreement Is Unenforceable?
If one of the signers of the agreement alleges that a premarital agreement is unenforceable, that person must prove that he or she:
- Was forced to sign
- The agreement was unconscionable
- Was not fairly disclosed their partner's assets
- Did not waive their right to privacy when disclosing their assets
- Did not have reasonable knowledge of the rights and obligations
- Was not given the opportunity to consult with an attorney
Some Important Things to Consider
It is very important that each party has his or her own attorney review the agreement. The court will consider when and the context in which the parties signed the agreement. If a premarital agreement was signed on the day of the wedding or the days preceding the wedding, the court may find that the agreement was coerced or made under duress.
Need a Prenuptial Agreement? Call Us. We Can Help.
If you need a prenuptial agreement drafted or would like to talk to us about one in general, call one of the experienced Monmouth County prenuptial agreement attorneys at the Law Office of Steven P. Monaghan, LLC at (732) 624-6343, or contact us online. Your first consultation is free.