When you marry your partner, you are also marrying into their family. In some instances, the union can be complex and disagreement can arise. A common point for conflict in this situation is usually a prenuptial agreement. A parent may want their child’s fiancé to sign a prenup to ensure that their assets do not end up with their former spouse if they were to get divorced, but a child or fiancé may disagree. Continue reading to learn about what can happen if there are disagreements with prenuptial agreements. Our experienced New Jersey family law attorneys are dedicated to ensuring that you and your family’s best interests are in mind.
What is a prenuptial agreement?
A prenuptial agreement is a legal document that declares how a couple’s assets will be split in the event of death, divorce, or separation. In these cases, the parents may want their assets to stay within their family and not with the former spouse. Contrary to popular belief, a prenuptial agreement deals with what occurs at the end of the marriage, and no way symbolizes that there is a future of an unstable relationship or divorce.
If you are considering creating a prenuptial agreement, do not hesitate to contact our firm today to speak with a legal expert. Our attorneys will guide you through making these financial decisions so that you and your spouse can feel protected.
What are the requirements for a valid prenuptial agreement?
There are various requirements that must be met in order for the document to be valid. A valid prenup will require a couple to:
- Enlist independent legal counsel
- Disclose all of their assets
- Voluntarily enter into the prenuptial agreement
- Be provided with adequate time to evaluate all of the terms of the agreement before signing.
Can my partner’s parents make me sign a prenuptial agreement?
A prenup is a contract, which requires both parties to sign at their own will. This means that if a child or fiancé is pressured by a parent into signing one, the document can be considered invalid. If a prenup was signed under duress or under the influence of a parent, the document can be contested and invalidated.
What if both parties cannot come to an agreement?
If you and your partner, or your future in-laws cannot agree about the prenuptial agreement, it is important to listen to both sides. Additionally, you may find it beneficial to have a mediator at the meeting to make sure that the conversation runs smoothly.
If you have questions or concerns about a prenuptial agreement, do not hesitate to contact Townsend, Tomaio & Newmark, L.L.C. today to learn about your options and to discuss your specific case.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
If you have any questions regarding your family law matter, you can depend on our legal team to fight for your best interests, every step of the way. Contact Townsend, Tomaio & Newmark L.L.C. today to learn more about how our legal team can assist you.
