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In the unfortunate event of divorce, your established prenuptial agreement may offer you great protections that promote a fair and just outcome. However, there are certain things that this contract is not equipped to cover. Even if you try, the New Jersey family court may deny it or in a worst-case scenario declare it legally void. Follow along to find out the provisions this contract should and should not include and how one of the proficient Bergen County prenuptial agreement attorneys at McNerney & McAuliffe can help you and your fiancé establish one.

What provisions does a prenuptial agreement entail?

Essentially, a prenuptial agreement sets clear-cut boundaries for what should happen to your and your fiancé’s assets should your marriage ultimately end in divorce. This may make property division the only divorce-related term that can be discussed within this legal contract. That is, terms and conditions regarding child support and child custody for your future children together cannot be written out. Though you may still be able to offer your children from previous marriages certain protections. Plus, you may be able to get away with disclosing a minimum amount of alimony to be received by you from your fiancé, or vice versa.

But in regards to property division, the specific provisions that you and your fiancé may want to include are as follows:

  • The rights of ownership you or your fiancé have toward respective life insurance policies in a divorce.
  • The rights of ownership you or your fiancé have toward respective, separate assets in a divorce.
  • The financial obligations you or your fiancé have toward respective, separate debts in a divorce.
  • The handling of real property jointly owned by you and your fiancé in a divorce (i.e., sell, rent, or keep).

What are some reasons for my fiancé and me to establish this agreement?

Now that you know a prenuptial agreement cannot protect you in certain divorce-related terms, you may question whether it is worth the hassle in the first place. Well, put simply, the benefits may outweigh the drawbacks. Without further ado, we strongly encourage you to consider this contract if any of the following circumstances apply to you and/or your fiancé:

  • You and/or your fiancé consider yourselves to be high-net-worth individuals with complex, separate assets.
  • You and/or your fiancé have or anticipate inheriting high-value or sentimental family heirlooms.
  • You and/or your fiancé are bringing significant personal debts into the marriage.
  • You and/or your fiancé are bringing start-up business ventures into the marriage.
  • You and/or your fiancé have children from previous marriages or elderly parents who are your dependents.

You may rest easier knowing that a talented Bergen County family law attorney can serve as your needed support system during this stressful time. So please call us at McNerney & McAuliffe today.

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