Hackensack Prenuptial Agreements Lawyer

Hearing wedding bells? Thinking of marriage? Trust us, you’re going to want a Hackensack prenuptial agreements lawyer.

You’re in love! There’s been a proposal, a diamond ring, and an answer in the affirmative. There’s a wedding to plan, a honeymoon to daydream about… a new life as a married person. You’re getting married! (Congratulations!)

Not to pump the brakes and hit pause, but whether you or your betrothed come from economic means or not, a prenuptial agreement is a smart idea. (Yes, they’re not just for the wealthy— did you know prenuptial agreements can also protect you from accrued pre-marriage debt?) And an experienced family law attorney can assist you in entering a prenuptial agreement and protecting you and your assets as you enter marriage.

Prenuptial agreements are not a sign of a weak relationship— a relationship that’s doomed to divorce— but a healthy, functional, honest relationship where both parties have taken the time to manage their finances and be forthright with each other’s financial expectations.

What Is A Prenuptial Agreement?

A prenuptial agreement is an agreement entered into by the respective parties that dictates the disposition, distribution and/or ownership of assets and liabilities should the marriage dissolve. (A post-nuptial agreement, entered after a marriage, may serve a similar function.)

A prenuptial agreement can also set alimony terms; it can fix the economic responsibilities during a marriage. It can include as much or as little details or scenarios as the parties wish— but it cannot decide or dictate custody issues.

A prenuptial agreement can also save a lot of time and heartache— and potentially costs— fighting over the Equitable Distribution of marital assets as the marriage goes south. As this Business Insider article makes clear, many financial professionals think prenuptial agreements should be a standard part of any marriage, not just the marriages of the rich and wealthy.

For a prenuptial agreement to be valid (that is, upheld by the court at the time of the divorce) several factors must be considered:

Both parties must be upfront and transparent about their assets and liabilities. This includes assets accumulated prior to the marriage, as well as any debt the parties are bringing into the marriage.
Both parties must willingly sign the agreement; that is, neither one may be coerced into accepting the prenuptial agreement.
The prenuptial agreement must be deemed fair to both parties. While that doesn’t necessarily mean an equal split of all marital assets, it must not be egregiously unfair of one party.

Call a Hackensack attorney from our firm to ensure your prenup is enforceable.

How Can A Prenuptial Agreement Protect Me?

There are many areas in which a prenuptial agreement may protect you, including:

Safeguarding your assets that you bring into the marriage, i.e., assets that are not joint marital property. Ranging from a pre-existing retirement account to a family beach house, you may not wish for everything to be marital property, and thus subject by the court to equitable distribution at the time of a divorce.
Protect you from your potential spouse’s debt. Whether the other party is bringing personal credit card debt, student loan debt, medical debt, or some combination of such, a prenuptial agreement can very clearly lay out who is responsible for each debt.
Entitle you to certain aspects of joint marital property. In the event of a divorce, do you want to make sure you retain possession of the antique piece your purchased on your honeymoon? What about the collection of records you lovingly collected during the marriage? Or the family pet? A prenuptial agreement can protect what’s important to you, and your family.
Plan responsibility for the future. From paying for a child’s college education to the proper allotment of retirement funds, you can guard against your family’s financial insecurities by utilizing a prenuptial agreement.

Let a Hackensack prenuptial agreement attorney explain this and more in detail during a meeting.

Let’s Look at Why a Prenuptial Agreement May be Right for You, and How to Effectuate One

Prenuptial agreements are on the rise in America, driven by marrying millennials. As many as 40% of people between ages 18 to 34 who intend to marry have signed a prenuptial (or “prenup”) agreement. Why? Because while everyone goes into a marriage with romantic notions and the best of intentions, 40% to 50% of marriages in the U.S. end in divorce, and a prenuptial agreement can help you avoid messy tears and ugly financial arguments if your marriage fails to last. A prenuptial agreement may also assist you in avoiding bitter arguments with your family of origin, especially if some of the assets you’ve accrued before marriage have come through gifts, trusts, inheritances, or such from a family member.

Spend some time, to the extent that you can, inventorying your assets. If you can bring appropriate financial documents to your consultation, even better; if not, a dedicated family law paralegal will help you gather the paperwork necessary to produce an effective prenuptial agreement. Also, be honest with yourself: which assets do you want your prospective prenuptial agreement to cover? Are there any assets you do wish to bring to the marriage? What do you want out of your prenuptial agreement?

Discuss with your lawyer why you want a prenuptial agreement: do you come from a background with wealth, and want to make sure you protect it? Does your soon-to-be-spouse have overwhelming debt, and you want to make sure their debt doesn’t become half yours in divorce? Is your spouse pushing a prenup, and you’re hesitant? Your lawyer may also be able to guide you in how best to broach the sensitive, delicate issue of prenuptial agreements with your partner if you haven’t already done so. Obviously, you want to make sure you are assisting your dedicated family law team in preparing a prenuptial agreement you feel confident your soon-to-be spouse will sign.

If there’s debt prior to the marriage, a prenuptial agreement can help protect you from it. While the standard is that debt incurred during the marriage is marital debt, to be split fifty-fifty, a prenuptial agreement can be used to protect one person in the marriage from accrued marital debt (if, say, one partner has a history of reckless spending and/or debt). In that way, a prenuptial agreement may be said to be worth its weight in gold. Your prenuptial agreement lawyer in Hackensack will work with you to handle the debt trap.

Prenuptial agreements, obviously, need to involve both parties heading into the marriage— they both need to agree. But oftentimes a prenuptial agreement can help head off a lengthy divorce process, as the parties have already agreed on the terms. And, prenuptial agreements are not only actually for divorce— they may help with establishing a plan for an estate, or outline and manage expectations regarding financial ownership.

Why We’re The Right Hackensack Prenuptial Agreement Attorneys for You

Our Family Law Department has written and negotiated countless prenuptial agreements, and we’ve seen it all— all the requests, all the demands. We’ve worked with clients to responsibly shelter and secure their assets, while not putting a damper on the wedding planning. We’ve also seen what happens when clients don’t utilize a prenuptial agreement— and the avoidable headache and heartache that can invariably lead to.

We assign dedicated Family Law paralegals to your case who work with you, and keep you informed. We also have a 24/7 call service—when you leave a message after hours, your attorney gets an email. Getting married? Let us help you do so in the most responsible way by utilizing a prenuptial agreement to Move Forward. Call (848) 356-4322, fill out the intake form, or email a dedicated Family Law paralegal to speak with a Hackensack prenuptial agreement lawyer at O’Cathain Law Group.