Why a prenuptial agreement might not be upheld during divorce | Lane & Lane, LLC
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Why a prenuptial agreement might not be upheld during divorce

It might not be all that uncommon for a person in New Jersey or elsewhere to have concerns about the future when facing the end of a marriage. Some may seek to prevent uncertainties and protect the financial rights of them and their spouses by reaching a prenuptial agreement prior to heading to the alter. However, while such an arrangement could prove beneficial in numerous ways, if the proper steps aren't taken, the court may deem the agreement invalid during divorce proceedings.

Many couples may choose to discuss forming a prenuptial agreement prior to getting married, but simply agreeing to terms isn't enough, as the agreement must be set forth in writing to be valid. It must also be properly executed and signed willingly by both parties. In some cases, a prenuptial agreement might be deemed unenforceable if one party didn't have a clear understanding of the terms of the arrangement, or if he or she felt pressured or rushed into signing it.

In addition, the information within the agreement must be correct and must contain all the necessary details. The court may also choose not to enforce a prenuptial agreement if either party didn't have access to legal representation before signing it. Even if the agreement is properly executed and signed voluntarily by both parties, if the court deems it unfair, it might choose not to enforce the agreement during legal proceedings.

There are numerous scenarios in which such an arrangement could be deemed invalid during divorce proceedings. Those who wish to put a prenuptial agreement in place prior to marriage may find it beneficial to seek guidance from a family law attorney early in the process. An attorney can provide a client in New Jersey with assistance in properly forming and executing a prenuptial agreement, and provide future assistance should a client find him or herself facing the end of a marriage.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid", Accessed on April 16, 2018

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