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It is important to hire an attorney if you and your future spouse are considering a prenuptial agreement. This will ensure that your agreement complies with the applicable laws and will be valid if ever used. A lawyer will help you avoid costly mistakes that will impact your future.
The agreement was procured by fraud ? a prenup is valid only if it is entered into after full disclosure by both parties as to their income, assets, and liabilities. If one spouse provides the other with information that is not accurate or truthful, the agreement is invalid.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Prenuptial agreements can be invalidated if the terms are so unfair and one-sided that the court would question why the spouse would agree to the agreement in the first place.
Courts may invalidate a prenup that is clearly unfair towards one party or is otherwise unconscionable including, for example, if the agreement imposes undue financial hardship, eliminates or unduly limits child custody following divorce, or imposes marital conditions regarding appearance, sexual acts, or other private
In New Jersey, if you wish to have a valid prenuptial agreement, it will have to meet several standards. Those standards are as follows: The agreement must be in writing. The agreement must be executed before the couple is married.
You and your spouse may draft a postnuptial agreement regardless of the state of your marriage. Plenty of perfectly happy couples draft postnuptial agreements, especially when there is a significant shift in financial circumstances.
In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated. Therefore, it is wise to hire a lawyer to write a prenup as well as making sure you understand the state's Prenuptial Agreement Law and what your options are.
The signing party must have full knowledge of the other spouse's property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.