Providing Calculated Solutions To Complex Legal Issues For Over A Decade

How will a prenup impact my divorce?

On Behalf of | Sep 27, 2022 | Family Law

People generally do not enter a marriage with a plan to get divorced. However, many once happily married couples find themselves having to go their separate ways after years together. If you are engaged or recently married, you should consider getting a prenuptial agreement to protect your assets in the event of a divorce.

What are prenuptial agreements?

Prenups are written contracts that address several issues that arise during the divorce process. Both parties will be required to agree on the terms of the agreement and sign the agreement before they are married. Postnuptial agreements are an option for couples who have already tied the knot.

The primary purpose of most prenups in New Jersey is to make the property division part of your divorce as easy as possible. Your agreement can also address other issues, such as spousal support, but generally cannot be used to address child custody and child support.

What are the benefits to having a prenup?

Prenups are often a way to save time and money and help you avoid a lot of stress during the divorce process. Prenups are a way for both you and your spouse to ensure that your assets will be distributed in a fair way that you both can agree on, in the event of divorce.

You can also predetermine which property will be considered separate property and which property will be considered marital property, and how the marital property will be split. If you or your spouse has debt going into the marriage, the debt-free spouse may use the prenup to protect themselves from their spouse’s debt.

There is nothing wrong with preparing yourself for the possibility of divorce, even if you are very much in love with your partner. A family law attorney in your area can help you draft an agreement that is legally binding and fair to both of you.