Prenuptial Agreements
Premarital agreements are becoming more and more common among prospective
couples, and for good reason. Premarital agreements, or prenuptial agreements,
help prospective spouses define, prior to legal marriage, their rights
and obligations after a marriage. Prenuptial agreements can expedite a
conventionally long divorce process, as they may establish post-divorce
issues like property division or spousal support.
The following matters may be addressed in a New Jersey premarital agreement:
- both spouses' rights and obligations to joint and separate property;
- 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; and
- any other matter, including personal rights and obligations.
Note that issues related to children, such as child support and
child custody, may not be decided in a prenuptial agreement, as these matters are typically
decided by a court based on the best interests of the child – not
the spouses.
It is advisable that both spouses consult an attorney before entering into
a premarital agreement, as an experienced marriage lawyer can ensure the
prospective spouses’ rights are being protected, especially in the
context of potential married life.
