Safeguarding Our Clients’ Hard-Earned Assets Through A Prenuptial Agreement
Prenuptial agreements are utilized to protect assets such as a business or vacation home. They are also often used to protect the interests of children from a prior marriage.
What Makes A Prenuptial Or Postnuptial Agreement Valid?
A prenuptial agreement is a substitute for a battle between a husband and wife concerning the distribution of their assets and debt upon a divorce.
With a prenuptial agreement, there is often no dispute as far as who gets what. A prenuptial agreement defines your rights and obligations, as long as it’s executed properly.
Four Things To Consider When Drafting An Enforceable Prenuptial Agreement
There are several requirements to drafting a prenuptial agreement and making it enforceable, which includes:
1. Complete disclosure of all assets and debts: When we talk about disclosure, we do not just talk about a page summarizing what you have. If you have a home, it should be appraised. If you have brokerage accounts and retirement plan statements, they should be produced.
2. Adequate period of time to carefully consider what you are doing: If you are getting married on Saturday, you cannot present your spouse with a prenuptial agreement on Friday night.
3. Independent legal representation: This means that you and your future spouse should each be represented by your own lawyer.
4. The agreement cannot be unconscionable: In other words, if you try to leave your spouse penniless in the event of a divorce, a court may overrule it.
Learn More. Schedule A Consult Today.
If you are interested to learn more about the benefits of a prenuptial agreement, contact Musulin Law Firm, LLC, today. With over 32 years of family law experience, we can make sure your rights are protected and your document is solid.
Schedule a consultation with an attorney today. Send an email or call 609-267-0070. With an office in Mount Holly, the Musulin Law Firm, LLC, serves clients in Burlington County and all throughout South Jersey, nationally and overseas.
The firm also assists with postnuptial agreements.