Prenuptial Agreements

Divorce can be a highly stressful times for many people in your family as well as the parties involved in the divorce. Divorce can lead to highly disputed issues over support obligations and division of assets which can include marital homes, investment real estate, business assets, investment assets, foreign assets, savings, and much more. With the percentage of divorces increasing in this nation there is no wonder why an individual will choose to seek the assistance of an experienced New Jersey Divorce Attorney to draft a proper document, a prenuptial agreement, in order to possibly avoid hotly disputed and often time’s litigated issues in the event of a divorce.

Despite the protections and advantages that executing a premarital agreement may have for an individual, there are instances where parties do dispute the premarital agreement. In order for a prenuptial agreement, premarital agreement, to be enforceable and valid and withstand particular contests to its enforceability and validity the prenuptial agreement must be properly drafted and executed. First, it is crucial that both parties who will be entering into this prenuptial agreement have their own separate, independent counsel. Any conflict of interest or appearance of impropriety should be avoided. Independent counsel for each party will assure that both parties have the advice and legal representation they need to enter in a properly executed prenuptial agreement. Second, the prenuptial agreement must not be unconscionable. In this instance, the prenuptial agreement must meet the fairness standard to the parties involved in the execution of the prenuptial agreement. Third, it is highly important that all assets and liabilities are properly disclosed to both parties who are involved in the execution of the prenuptial agreement. Concealment or nondisclosure of earnings, assets, liabilities or material facts will often times lead to a prenuptial agreement being contested on the grounds of its enforceability or validity. Fourth, reasonable time should be taken to the contemplation, negotiation and execution of the prenuptial agreement. No party should be under duress or pressured to enter into a prenuptial agreement.

Prenuptial agreement can be complicated but despite its complexity it is important that individuals who have contemplated executing a prenuptial agreement seek the assistance, advice, and counsel of a New Jersey Divorce Attorney who can properly provide you the guidance in effectively negotiating and drafting a proper, enforceable, and valid prenuptial agreement.

Other Family Law issues the Juzmeski Law Firm handles are the following:

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The Juzmeski Law Firm proudly serves and represents clients all across Northern and Central New Jersey with our office located at 1 US Highway 46, Suite 1, Elmwood Park, New Jersey.