Joseph A. Lombardo
After deciding to get married, you will probably have an array of important things to tend to. It may be difficult to handle all of tasks on your plate. However, you should still look into forming a prenuptial agreement. Doing so may a crucial step in securing your future.
Prenuptial agreements are written contracts created by two people before they marry. These contracts serve as manuals for what must happen if marriages do not work out as intended. Sometimes referred to as “prenups,” they essentially specify what each person’s property rights will be after their marriage.
If you wish to enter into a prenuptial agreement before getting married in Cherry Hill, NJ, then you should contact our law firm for help. Our experienced prenuptial agreement attorneys at the Lombardo Law Group, LLC can help navigate the legal process. Call us today at (609) 418-4537.
Why Enter Into a Prenuptial Agreement Before Getting Married in Cherry Hill, NJ?
While some prenuptial agreements may be used to safeguard the assets held by wealthy fiancés, there are multiple reasons that couples of modest means may also wish to enter into such agreements. The following are examples of why you may want to enter into a prenuptial agreement before getting married in Cherry Hill:
Pass Property to Children from Previous Marriages
If you have children from a prior marriage, you may wish to enter into a prenuptial agreement to ensure that separate property may pass to them upon your death. If you do not create a prenuptial agreement, then a surviving spouse may be able to claim a large portion of your property and prevent it from passing to the appropriate parties.
Establish Financial Rights
Prenuptial agreements may also serve to establish each spouse’s financial rights. No matter how wealthy you are, clarifying financial rights may be important to ensuring stability after a potential divorce. The support and guidance of our experienced prenuptial agreement attorneys can be valuable when seeking to establish financial rights in your contract.
Child Support and Care Arrangements
Furthermore, prenuptial agreements can useful when establishing child support and care arrangements that will take place after a potential separation. By outlining these arrangements beforehand, couples may avoid large disputes that could take place during their divorces.
Management of Debts
Prenuptial agreements may also be utilized to manage premarital debt. If you wish to receive protection from your spouse’s prior debt, then you should contact our experienced prenuptial agreement lawyers for help forming your contract.
When You Should Create a Prenuptial Agreement in Cherry Hill, NJ
Anyone getting married in Cherry Hill should consider forming a prenuptial agreement. Still, there are certain circumstances where such agreements should be considered even more strongly. For instance, you may wish to enter into a prenuptial agreement if any of the following are true:
- You hold significantly more or less assets than your spouse
- You or your spouse were previously married
- You or your spouse own a business
- You are the beneficiary of a trust
- You or your spouse have kids from prior marriages
- Your spouse owes money for student loans or other outstanding debts
If you do not create a prenuptial agreement, then any of these situations can create problems upon you and your spouse’s potential separation. Our prenuptial agreement attorneys can help create a contract that facilitates the proper division and allocation of your property and assets.
Can Your Spouse Challenge Your Prenuptial Agreement in Cherry Hill, NJ?
A well-drafted prenuptial agreement should not be subject to being challenged by your spouse. However, if mistakes are made when creating or signing your agreement, then the agreement may be invalidated. For example, any of the following may allow your spouse to challenge your prenup in Cherry Hill:
- Either spouse signed the agreement involuntarily or without legal representation.
- Either spouse signed the agreement without receiving disclosure of the other spouse’s assets, financial obligations, and income.
- The prenuptial agreement is unreasonable and unfair to either spouse
Accordingly, you should get in touch with our experienced prenuptial agreement lawyers before signing your contract. Doing so can ensure that you avoid errors that would invalidate your agreement.
Can You Enter Into a Postnuptial Agreement in Cherry Hill, NJ?
If you have already gotten married without forming a prenuptial agreement, there are still options for securing your assets. Postnuptial agreements may be formed that account for responsibilities and assets held independently or jointly by spouses. These agreements can serve the same purposes that prenuptial agreements can.
However, there are differences in how prenuptial and postnuptial agreements may be enforced by the courts. Postnuptial agreements are to be utilized by couples who have encountered difficulties in their marriages. If the court in Cherry Hill determines that a couple was dealing with a legitimate marital issue when their postnuptial agreement was entered into, and that their agreement is fair and reasonable, then the agreement may be enforced. However, if you were not involved in a legitimate marital quarrel when your postnuptial agreement was formed, then the contract may not be valid.
If you are worried about rifts in your marriage and wish to ensure that your assets are secured, you should reach out to our law firm as soon as possible. Our attorneys can evaluate your situations and prepare an effective postnuptial agreement.
Do You Need to Hire a Lawyer to Enter Into a Prenuptial Agreement in Cherry Hill, NJ?
You do not need to hire a lawyer before entering into a prenuptial agreement in Cherry Hill. However, without competent legal counsel, your agreement may not be enforceable if it is challenged upon your divorce. Accordingly, both parties to a prenuptial agreement should hire their own attorneys. If your spouse decides that they do not require legal counsel, then they should sign a written statement establishing their decision.
You can reach out to our experienced prenuptial agreement attorneys for help ensuring you create an enforceable contract.
If You Wish to Enter Into a Prenuptial Agreement Before Getting Married in Cherry Hill, NJ, Our Attorneys Can Help
If you need to create prenuptial agreement, get help from our experienced prenuptial agreement attorneys at the Lombardo Law Group, LLC by calling (609) 418-4537.
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