Prenuptial And Postnuptial Agreements

In New Jersey, premarital agreements, which are also called "prenuptial" or "anti-nuptial agreements," are contracts made between prospective spouses in contemplation of marriage, which become effective upon marriage. The general purpose of premarital agreements is for prospective spouses to define, prior to marriage, their rights and obligations on financial issues such as the division of property or spousal support in the event they separate or divorce. If drafted properly, these agreements can save both spouses significant emotional and financial expenses if their marriage comes to an end. Premarital contracting also expedites the divorce process because it can avoid the time-consuming process of having a court resolve issues that have already been addressed in the premarital agreement.

What Issues Are Addressed In Premarital Agreements In New Jersey?

The following issues can be addressed in a New Jersey premarital agreement:

  • Both spouses' rights and obligations to joint and separate property, whenever and wherever acquired or located
  • The right to buy, sell, use, transfer, exchange, abandon, lease, assign, dispose of or otherwise manage and control property
  • The division of property upon separation, divorce, death, or the occurrence or nonoccurrence of any other event
  • The modification or elimination of spousal support
  • The making of a will, trust or other arrangement to carry out the provisions of the agreement
  • The ownership rights in, and disposition of, the death benefit from a life insurance policy
  • The choice of law governing the construction and interpretation of the agreement
  • Any other matter, including personal rights and obligations, as long as it's not in violation of public policy

Cohabitation agreements

Cohabitation Agreements are contracts made between two people who have decided not to get married. These can address the same issues as prenuptial agreements do.

Deitch and Perone , P.C., is here to help you through these tough times.