A Pre-Nuptial Agreement Makes Sense for Both Parties
No one wants to plan their marriage and their divorce at the same time. Yet the possibility of divorce isn’t going away. So doesn’t it make sense to plan for it, just in case? And even if you never decide to file for divorce, you need to accept that your spouse might. So how does one prepare for something that they hope will never come?
Similar to a Last Will and Testament, a pre-nuptial agreement is a document designed to help you plan for a day that you hope will never come. A pre-nuptial agreement is a “contract” between prospective spouses, made in contemplation of marriage or civil union, that dictates certain rights, obligations, and other important matters should the marriage or civil union end. Importantly, a pre-nuptial agreement becomes effective upon marriage; so it must be executed before the marriage.
A pre-nuptial agreement must be in writing and signed by both parties. This will help prevent claims by one party or the other that they did not consent to the contents of the pre-nuptial agreement. Thus, if you ever do get divorced, your pre-nuptial agreement will dictate many of the actions both parties are required to take. This should lead to a smoother divorce and perhaps a more amicable relationship between the former spouses.
Are you contemplating signing a pre-nuptial agreement before your wedding? Let’s discuss your matter during a confidential consultation. Please call 908-946-8227 and ask for Stefanie Gagliardi or contact me at Stefanie@gmnj-legal.com.
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