When couples in New Jersey decide to get married, they sometimes choose to create a pre-nuptial agreement. This type of agreement, made before marriage, lays out how certain matters, like finances and property, will be handled if the couple ever decides to divorce. Pre-nuptial agreements are especially important in complex divorces, where there might be many different types of assets or complicated financial situations. Understanding how pre-nuptial agreements work in New Jersey can help individuals feel more secure when facing the possibility of a difficult divorce. Tanya L. Freeman, Attorney at Law, provides skilled guidance and tailored strategies to navigate the intricacies of complex divorce cases, ensuring her clients achieve the best possible outcomes.
What is a Pre-Nuptial Agreement?
A pre-nuptial agreement, often called a “pre-nup,” is a legal contract between two people before they get married. The agreement lists the property, finances, and other assets each person has. It also explains how these things will be divided if the couple gets divorced. Pre-nups can cover many different subjects. These include how much alimony one spouse might pay the other, who will keep certain assets, and even what will happen to a business one spouse owns.
The goal of a pre-nup is to prevent disagreements and make the divorce process easier if the marriage does not work out. It is important for both parties to agree to the terms before signing a pre-nuptial agreement. In New Jersey, courts generally honor pre-nuptial agreements as long as they are fair and both people entered into the contract willingly.
How Pre-Nuptial Agreements Affect Complex Divorces
A divorce becomes more complex when a couple has many assets or unique situations that require special attention. This can happen if the couple owns several properties, has businesses, or has large amounts of money in investments or savings. In complex divorces, a pre-nuptial agreement can have a huge impact on how the divorce plays out. Without a pre-nup, couples may spend a long time fighting over who gets what, leading to stress, delays, and expensive court fees.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
When a couple has a pre-nuptial agreement, it often makes the process smoother. This is because the couple has already decided how assets will be divided. For example, if one spouse owns a business and wants to keep it after the divorce, the pre-nuptial agreement might already state that this business belongs to them. Without this agreement, the couple may end up in court, arguing about whether the business should be sold or split.
In complex divorces, a pre-nup can save both time and money. However, this is only true if the agreement is clear and fair. If one spouse feels the pre-nup is unfair, they might challenge it in court, making the divorce even more complicated.
Challenges to Pre-Nuptial Agreements
Although pre-nuptial agreements are often helpful in divorce cases, they are not always perfect. In New Jersey, a spouse can try to challenge a pre-nup if they believe it is unfair or if they were pressured into signing it. Some common reasons for challenging a pre-nup include fraud, coercion, or a lack of understanding of the terms.
Fraud can occur if one spouse was not honest about their assets when the pre-nuptial agreement was created. For example, if a spouse hid money in a secret account and did not include it in the pre-nup, the other spouse might argue that the agreement should be void because it was based on lies. Coercion happens when one spouse forces the other to sign the agreement by threatening them or putting unfair pressure on them.
In other cases, a spouse might argue that they did not fully understand the pre-nup when they signed it. This could happen if one spouse did not have a lawyer to help explain the terms or if the agreement was too confusing. In New Jersey, both parties must have the chance to review the agreement with their own legal representation before signing.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
Enforcing Pre-Nuptial Agreements in New Jersey
When a couple decides to divorce, the court will look at the pre-nuptial agreement to decide whether it can be enforced. For the court to enforce a pre-nup in New Jersey, several things must be true. First, the agreement must be in writing and signed by both parties. Both people must have entered into the agreement willingly and without pressure. The agreement also needs to be fair. If the terms of the pre-nup are extremely one-sided or unreasonable, the court might choose not to enforce it.
It is important to note that pre-nuptial agreements in New Jersey cannot decide child custody or child support. These issues must be decided based on the best interests of the child at the time of the divorce, not before the marriage even starts. If a pre-nup tries to address child custody or support, the court will not enforce those parts of the agreement.
When the court reviews a pre-nup, they will consider whether both parties had full knowledge of each other’s financial situation when they signed the agreement. This means that both spouses should have provided honest and complete information about their assets, debts, and other financial matters. If one spouse was not truthful, the agreement might not be valid.
Pre-Nuptial Agreements and Spousal Support
One of the most common issues covered in pre-nuptial agreements is spousal support, also known as alimony. Alimony is money that one spouse pays the other after the divorce to help them maintain the standard of living they had during the marriage. In New Jersey, pre-nuptial agreements can include rules about whether alimony will be paid, how much will be paid, and for how long.
When a couple has a pre-nup that includes terms about alimony, the court will usually follow those terms, as long as they are fair. However, if the terms seem unfair or if one spouse would face significant hardship because of the agreement, the court might decide to change the terms of alimony. For example, if a pre-nup says that one spouse will not receive any alimony but that spouse would struggle to support themselves after the divorce, the court might still order the wealthier spouse to pay some form of alimony.
It is also possible for the spouses to agree to waive alimony altogether in the pre-nuptial agreement. In this case, if both spouses willingly agreed to this term, the court is likely to honor it.
Related Videos
The Role of Lawyers in Pre-Nuptial Agreements
Because pre-nuptial agreements are legally binding contracts, it is important for both parties to have their own lawyers when creating the agreement. In New Jersey, both spouses should have the opportunity to review the pre-nup with a lawyer before signing it. Having legal representation helps ensure that both parties fully understand the terms of the agreement and that their rights are protected.
Lawyers play a vital role in making sure that the pre-nup is fair and enforceable. They can help their clients understand how the agreement will affect them if the marriage ends in divorce. Lawyers also make sure that all financial information is properly disclosed and that neither party is being pressured to sign the agreement.
If a divorce occurs and one spouse wants to challenge the pre-nup, a lawyer will be essential in helping that person navigate the legal process. Lawyers understand the legal requirements for pre-nuptial agreements in New Jersey and can argue for or against the enforcement of the agreement based on those rules.
Pre-nuptial agreements are powerful tools for couples in New Jersey, especially when complex divorces are involved. These agreements can provide clarity and peace of mind, helping both parties feel secure about their financial futures. However, it is important to remember that pre-nuptial agreements are only effective when they are created fairly and with the help of legal professionals.
When facing a complex divorce in New Jersey, having a pre-nup in place can make the process smoother and less stressful. It ensures that important decisions about finances and property have already been made, saving both time and money. However, if you are considering a pre-nuptial agreement or facing a divorce, it is crucial to seek legal advice to protect your rights and ensure the agreement is enforceable.
For guidance on creating or enforcing a pre-nuptial agreement in New Jersey, reach out to Tanya L. Freeman, Attorney at Law. With years of experience handling complex family law matters, Tanya L. Freeman and her team can help you navigate the challenges of divorce and protect your interests. Contact our firm today to discuss your legal needs and find out how we can support you during this difficult time.