The idea of a premarital or prenuptial agreement is offensive to some people who believe that such agreements show a lack of love and trust between the parties. But that is not necessarily true. Some couples find that talking openly and honestly about money and finances helps to strengthen their relationship. Whether you are entering into your first marriage or your second marriage, a premarital agreement can be a very useful tool in managing expectations in the marriage. Asking for a premarital agreement does not have to damage a loving relationship if the interests of both parties are adequately considered in the construction of the agreement. If you want to protect your interests and ensure that you are getting a fair deal in a premarital agreement, the experienced family law attorneys at Nitti & Nitti can help you.
If you’re looking for a compassionate and experienced family or divorce law attorney in Essex County, call us at (973) 226-4141 to schedule a free consultation with one of our attorneys.
Premarital agreements can include a wide variety of subjects including the rights and obligations of both parties and how marital property is divided in the event of a separation, divorce, death, or any other life event. A premarital agreement is also a good way to protect the interests of children from a previous marriage. The only things that cannot be included in a premarital agreement are those things that are against public policy.
There are cases where a party to a premarital agreement may seek the help of the courts to invalidate a premarital agreement. Years down the line, after a premarital agreement has been signed, one party may feel like they deserve more than is provided for them in the agreement. Generally, you are bound by the terms of any contract that you sign, including a premarital agreement. However, New Jersey law allows for a premarital agreement to be invalidated under certain circumstances.
Any person seeking to invalidate a premarital agreement must show that they signed the agreement involuntarily or that the agreement is unconscionable. There are a few situations that would make an agreement unconscionable including when the person seeking to invalidate the premarital agreement did not have their own independent legal advice before they signed the agreement. A premarital agreement could also be unconscionable if it was signed when one party did not have any property or was unemployable, which would leave that party without any reasonable support and make them dependent on public support.
The best way to protect yourself is to seek the advice of an experienced family law attorney before you sign a premarital agreement. In fact, the law requires that you seek independent legal advice before signing a premarital agreement. An experienced premarital agreement attorney can guide you in understanding the terms of the agreement and negotiating in your best interest.
If you are looking for a premarital agreement attorney in Essex County, call Nitti & Nitti at (973) 226-4141 or click here to schedule a free consultation with one of our compassionate attorneys.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.
