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Prenuptial agreements, or prenups, are documents and legal contracts that couples sign before marriage to make essential decisions about assets, liabilities, and how they would like to divide their property should the marriage end in divorce. A prenup modification allows you and your spouse to amend or alter an existing marital contract.
Reviewing the documents throughout the years to see if updates are needed is the most effective way to ensure the contract is protected if it is required. Speak to a knowledgeable Hackensack prenuptial agreement modification lawyer at O’Cathain Law Group Family Law Department to review your options.
Prenuptial, postnuptial, and other marital agreements are excellent tools for couples entering into marriage. That is particularly true for high-asset civil unions, as they allow them to make crucial decisions regarding property division should they divorce. They are also vital for parents’ children from previous marriages to address inheritance. Some of the common topics covered in the contracts include:
One essential note is that prenuptial agreements may not include child support or custody arrangements, and the court can invalidate contracts that include those arrangements. The reason for that is that the family court judge will make those decisions at the time of divorce, ensuring the arrangement is in the children’s best interest. As with estate planning, the parties to the contract should review the agreement periodically to determine if revisions are necessary.
Every prenup or other marital contract must be fair and equitable for both parties, and each must fully disclose finances and assets. The law requires each party to review the arrangement with independent legal representation or sign waivers. A Hackensack prenuptial agreement modification attorney can draft the documents to ensure compliance and answer questions throughout the process. It’s important to note that when it comes to agreeing to an initial prenup or its modification, neither party may feel coerced into signing the agreement.
When life circumstances change substantially when a marital contract is in place, the couple may wish to modify the contract. Some examples of life changes include:
Circumstances can change at any time. Your family lawyer in Hackensack can review your modified marital contract and other estate planning documents to ensure they are accurate and thorough, protecting your interests.
The state allows parties to amend or modify the marital contract by drafting and signing an addendum to add to the original document. Ensuring compliance with the statute guidelines is crucial to ensure the agreement is enforceable. Under the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act, the statute allows them to amend or revoke material contracts after the couple marries or establishes a civil union.
The addendum, modifying the terms, must be in writing and signed by both parties. According to the guidance of the statute, the altered or revoked prenuptial agreement is lawfully enforceable without consideration. A prenuptial agreement modification attorney in Hackensack can answer specific questions and ensure the arrangements are enforceable and in the best interest of both parties.
Prenups are a marital contract and arrangement between two people entering marriage or a civil union. They are arrangements in writing and legal contracts between two individuals entering into a civil union.
Prenups provide security and decrease stress and disputes if the couple decides to end the marriage later down the road. The state allows modifications to the arrangements, but ensuring compliance with the statute’s guidelines is essential. Contact an experienced Hackensack prenuptial agreement modification lawyer at O’Cathain Law Group Family Law Department to schedule a consultation and Move Forward with the modified prenup you want.