Pre-Nuptial Agreements

For many couples, entering into a pre-nuptial agreement can be a smart way to proactively address some basic issues and avoid uncertainty down the line. If you are considering a pre-nuptial agreement, schedule a free consultation today to discuss your options.

Despite the common perception that entering into a pre-nuptial agreement is simply a form of “preparing for divorce,” the truth is that pre-nuptial agreements have a number of benefits and can serve a variety of different, non-divorce-related purposes. Blake W. Rush is an experienced family law attorney who has more than a decade of experience preparing and negotiating personalized pre-nuptial agreements. If you are considering a pre-nuptial agreement, or if would like more information about whether a pre-nuptial agreement makes sense for your personal circumstances, we encourage you to contact us for a free, no-obligation consultation.

Common Provisions in New Jersey & Pennsylvania Prenuptial Agreements

Couples in New Jersey and Pennsylvania enter into pre-nuptial agreements for a wide variety of different purposes. While some of these purposes relate to protecting assets and avoiding costly disputes in the event of a divorce, pre-nuptial agreements can cover a wide range of other topics as well.

We commonly prepare pre-nuptial agreements that address issues such as:

  • Contributions to savings and retirement accounts
  • Control and operation of privately-held businesses
  • Liability for debts incurred prior to the marriage
  • Methods of informally resolving disputes
  • Management of household and educational expenses
  • Ownership of separate property
  • Providing support for children from prior relationships
  • Spousal support obligations in the event of a divorce
  • Tax deductions and filings
  • Transfer of property in the event of one spouse’s death (commonly addressed as part of an overall estate plan)

Five Key Considerations for Entering Into a Pre-Nuptial Agreement

If you are considering a pre-nuptial agreement, here are five important considerations to keep in mind:

  1. Pre-nuptial agreements are not for everyone. While there are many different reasons to enter into a pre-nuptial agreement, pre-nuptial agreements still aren’t for everyone. If a pre-nuptial agreement isn’t necessary given your personal circumstances, we will let you know.

Some of the most common scenarios where we recommend entering into a pre-nuptial agreement include:

  • If you have significant assets or earn a high income
  • If you or your fiancé was married previously
  • If you or your fiancé has children from a prior relationship
  1. The time to get started on your pre-nuptial agreement is now. You do not want to wait until the eve of your wedding to get started on your pre-nuptial agreement. Preparing and negotiating a pre-nuptial agreement while still maintaining a happy relationship takes time and skill. Waiting until the last minute to present and agree upon a pre-nuptial agreement with your significant other may lead to bitter feelings and issues regarding enforceability (coercion) as well.
  1. Pre-nuptial agreements can serve a wide variety of purposes. As discussed above, pre-nuptial agreements can serve a wide variety of purposes. All fiancés should take the time to evaluate whether their personal circumstances call for a pre-nuptial agreement.
  1. There are ways to effectively broach the subject with your fiancé. If you are concerned about how your fiancé will react to your proposal for a pre-nuptial agreement, we can help you tactfully raise the subject and avoid unnecessary premarital discord.
  1. There are important considerations for ensuring that your pre-nuptial agreement is enforceable. Along with timing, there are a number of other important considerations when it comes to preparing an enforceable pre-nuptial agreement as well. For example, you must be sure to provide a “full and fair” disclosure of your financial information and there are certain subjects that are off-limits when it comes to pre-nuptial agreements.

Learn More About New Jersey and Pennsylvania Pre-Nuptial Agreements

To find out if your personal circumstances counsel in favor of entering into a pre-nuptial agreement, call (908) 713-9800 or contact us online to schedule a free, one-on-one consultation with attorney Blake W. Rush. There is no reason not to explore your options, so get in touch today.

Contact Us

14 E. Main Street Clinton, NJ 08809
Phone: 908-713-9800 - Fax: 908-713-9803

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