Hackensack Premarital (Prenuptial) Agreement Attorneys
While most people are reluctant to think of marriage in contractual terms, a premarital agreement is an effective means for protecting you, your assets, the stability of a family-owned business, and often your children’s inheritances in the event your contemplated marriage terminates in divorce or death. New Jersey premarital agreements are governed by the New Jersey Uniform Premarital Agreement Act , N.J.S.A 37:2-31 to 37:2-41 (the “UPMAA’). Premarital agreements will be enforced by the courts of this State unless the person challenging the agreement demonstrates by clear and convincing evidence that it was unconscionable at the time of entering the agreement (not at the times of enforcement) pursuant to the criteria set forth in the amended UPMAA.
Cowen & Jacobs provides New Jersey residents with premarital agreements that are skillfully drafted to meet individual needs and concerns, while comporting with the provisions of the UPMAA. Each agreement is tailored to a specific client’s age, financial status, marital history and family obligations.
Given the legal impact of a premarital agreement, both parties should have at least six to eight weeks to evaluate its terms and understand what it is they are signing. Get the information you need to protect yourself and your family — contact family law attorneys Cowen & Jacobs today for more information.
What is covered in a Premarital Agreement?
Typically, a premarital agreement specifies the rights and obligations of each person with respect to the all current and contingent assets and debts including but not limited to:
- Bank accounts
- Real estate
- Retirement funds
- Spousal support
- Division of debt
- Death benefits
- Estate planning – wills, trusts, etc.
- Interest held in a closely held family business
Enforceable Premarital Agreements can be modified by a married couple.
Inserted into every one of our premarital agreements are provisions which allows the parties to ignore a specific provision of their agreement without voiding the remaining terms. For example, if there is a provision that neither spouse is entitled to any share of the other’s probate and non-probate estate, each spouse remains free to include the other in his or her Last Will and Testament to whatever extent he or she deem appropriate.
What cannot be determined by a Premarital Agreement?
Child support and other child-related expenses cannot be determined or affected by a premarital agreement. The obligation to pay child support is a function of a child’s right to a each parent’s care and maintenance. Child support is not a punitive or restorative measure intended to favor one parent or the other.
Additionally, child custody and visitation issues are contingent upon what the court believes to be in the best interests of a child. As such, any determination in regard to parenting time or custody will be made at the time of divorce and cannot be pre-determined.
Contact Cowen & Jacobs Today
Premarital agreements are an important means of protecting what you bring into a marriage and any increments to the value of those assets. Especially if you have children from a previous marriage, you may want to protect them and well as yourself.
To schedule an appointment to discuss how we can help you, contact premarital agreement lawyers at the law office of Cowen & Jacobs today. We provide Bergen County and all New Jersey residents with the personal attention that each client deserves.