A prenuptial agreement is, above all else, a safeguard against additional stress and strife if a marriage eventually breaks down. Though these agreements can outline both spouses’ wishes about property and finances, prenuptial agreements are finite in their scope. In the video below, family law attorney David Salvaggio reviews the elements of a marriage that New Jersey prenuptial agreements can and cannot feature.
Which Issues Can and Cannot Be Addressed in New Jersey Prenuptial Agreements?
A prenuptial agreement, also called a premarital agreement, is a written agreement that couples can enter into prior to marriage. In order to define each party’s rights and obligations in the event of a divorce, it becomes effective upon the parties’ marriage. It can be permanent, or if the parties agree that it will expire after the parties are married for a certain number of years, that can be done as well. That is called a “sunset clause.” Prenuptial agreements are permitted to address any matter that is not deemed to be in violation of public policy, such as alimony; creation of a will trust or other instrument; a party’s property rights and obligations, including the right to manage and control that property, as well as what will happen to it in the event of a divorce, death, or other specified event; and life insurance. Two issues that prenuptial agreements are not permitted to address are child custody/parenting time and child support.
If you have questions about what New Jersey prenuptial agreements can and cannot cover, please contact our office to arrange a free phone consultation. There is never a charge for initial telephone conferences. We welcome phone calls from potential clients, even if you are not sure whether or not you are ready to go forward.
Not ready to take that step? Check out our comprehensive guide to Divorce in New Jersey to learn more.