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Family law: When you should say I do to a prenuptial agreement

Couples who are planning their weddings are busy having to take care of many arrangements. But there are other issues, besides the wedding, they should be considering and that includes the legalities of their marriages. Many couples today have a prenuptial agreement in place, and thankfully, New Jersey family law rules provide the guidelines for this important document.

Prenuptial agreement basics

  • does not deal with anything related to child support or child custody
  • is a legally binding document if written correctly
  • speaks to the financial expectations in the marriage
  • can deal with each spouse’s individual circumstances
  • putting the document in place sooner rather than later is wisest
  • can detail the specifics of a business or businesses

Primary purpose

The major reason behind a prenuptial agreement is to sort out details of what would become of assets and debts should the couple ever divorce. It can chronicle details like gifts, inheritances and trusts. A prenuptial agreement is a personal document that can include anything a couple believes is financially important. It can also include a confidentiality clause which states that neither spouse can share what is written in the agreement. A couple should be sure to talk about whether a prenuptial agreement is a document that would be prudent to have as a part of their marriage.

To ensure a prenuptial agreement meets all the legal requirements under family law, New Jersey couples may wish to seek independent legal advice. An attorney will make sure a prenup is valid legally. He or she can also explain the rights that go hand in hand with this important document.

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