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Creating a marital agreement that protects your interests

On Behalf of | Dec 14, 2022 | Divorce |

Not all marriages withstand the test of time. The thought of divorce often enters the minds of some spouses prior to their union or soon after they said, “I do.”

Although there is nothing romantic about discussing divorce, it can be very beneficial to consider this possibility. Considering a prenuptial or postnuptial agreement in your union might be an important step to take.

Divorce preparation

While no one plans to get a divorce, the reality is that it is becoming more and more common to plan for the possibility of a divorce in the future. This planning may never be put into action; however, spouses feel much comfort knowing what outcome could result if dissolution occurs.

A prenuptial agreement — or a “premarital agreement,” as it is known under New Jersey law — is a contract between two people before their marriage which specifies that they will abide by certain terms should they later divorce.

A postnuptial agreement covers similar territory, but is signed by people who are already married.

Contents of a prenuptial agreement

A premarital agreement can address a wide range of issues. Frequently, New Jersey premarital agreements decide issues about property division in the event of divorce or death, spousal support, the creation of a will, trust or other type of agreement as a means to carry out the provision of the agreement, the terms related to policies, like life insurance, and other matters.

Bringing up the topic of a prenuptial agreement can be stressful, causing some couples to avoid taking these measures. Even if a prenuptial agreement is not created, a postnuptial agreement is still an option. No matter the case, it is essential to understand your rights and options, ensuring you have an enforceable marital agreement.

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