It seems counterproductive to go into a marriage thinking about what could happen if you divorce in the future. In fact, drafting a prenuptial agreement can seem unromantic and pessimistic, and many couples avoid thinking about this step for those reasons. Other couples may think this process is not necessary because they are not wealthy or do not have valuable assets.
A prenuptial agreement can provide benefits for couples of all income levels. Drafting this type of agreement is not assuming your marriage will fail in the future. It is simply being prepared and securing your long-term interests. It’s never a bad idea to make sure you have all the legal and financial protections you may need down the road. This type of contract is customizable to your finances, goals and concerns.
Reducing conflict in a marriage
While bringing up the possibility of a prenuptial agreement can seem awkward, drafting one can actually help you reduce conflict in your marriage. One of the most common things couples fight about is money and financial responsibilities in a marriage. However, drafting a prenup requires complete financial disclosure. This means both parties will have to be open about what they have and what they owe going into the marriage. This openness can lower the chance of unpleasant surprises.
Another way a prenup can help you and your future spouse is that this contract allows both parties to outline financial responsibilities during the marriage. This requires a discussion over expectations and objectives, leading to fewer money-related fights and long-term issues.
If a marriage ends
You are not planning for your marriage to end, but life is unpredictable. With this contract, you can outline how property division will work in case of a divorce, as well as decide terms on spousal support. This agreement cannot address matters related to child support or child custody. The terms used in this agreement are important. If they are unfair, unreasonable or illegal, a judge could rule some or all of the agreement unenforceable.
It is beneficial to work with an experienced New Jersey attorney regarding your prenuptial agreement. This can ensure you have appropriate terms that cover your needs and will stand up under scrutiny in case of a future dispute. Before you walk down the aisle, you may want to consider drafting one of these agreements.