Articles Tagged with divorce attorney bergen county

A family lawyer Bergen County can help make sure your interests are protected in your prenup, and that the agreement you make is one that will be enforceable in court. An oral contract is not sufficient. The agreement has to be in writing to be enforceable. Its important that both parties fully disclose their circumstances in the prenup and in the attached statement of assets. If someone is not honest or forthcoming in this process, the contract may be unenforceable.

In determining whether or not to honor a prenuptial agreement, the court will consider whether the process for coming to it was fair. If either party unfairly manipulated the process, the contract may not be honored. For this reason its wise to consult an attorney in creating the prenuptial agreement. Ultimately, the contract is yours and the two of you must agree to it together and have it notarized for it to be valid.

Many couples choose to consult a family lawyer Bergen County to create a prenuptial agreement before getting married. A prenuptial agreement, sometimes called a premarital agreement, antenuptial agreement, or “prenup” is a contract used by a couple to determine what each party’s rights and obligations will be if they ever get divorced (or sometimes if one party dies). A prenup may also used to protect property during the marriage, or protect one party  from their spouse’s debts.

The written agreement can be drawn up with an attorney to include things like spousal support or the division of assets, should you get divorced. It may identify certain conditions that would be different should the marriage ever end because of adultery.

If you are engaged, having a good prenuptial agreement can provide security for you, knowing that you will not have to go through the financial and emotional strain of settling these things in court if you ever get divorced. The contract goes into effect once you are married.