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Newly engaged? Now is the time for a pre-nup!


Newly engaged New Jersey couples usually believe their marriage is going to last forever. Of course the statistics paint a different picture regarding marriage and divorce. Couples interested in preserving their assets may want to consider drafting a prenuptial agreement before getting married.

There are basic steps that should be taken with your partner in requesting a prenuptial agreement with them. First it can be a good idea to request a prenuptial agreement soon after getting engaged. Planning ahead will help the fiancé feel like they are part of the process and won't feel ambushed on the night of the wedding. Secondly, it is important to explain why the prenuptial agreement is necessary. Is there a large sum of money to be protected? Children involved? Is there a business that needs to be protected? All of these situations would be good reasons for a prenuptial agreement. Third, a prenuptial agreement requires full disclosure to the future spouse. Complete transparency regarding assets, net worth and income are required for the fiancé to acknowledge it as separate property.

In addition to this, the terms of the prenuptial agreement may be negotiated for the future spouse and should include expectations from both parties and seeking independent counsel for assistance may go a long way in making each party feel like their expectations are being met. it is also important to consider changes that may happen during the marriage including job changes, children, etc. Contingencies should be made for different situations. Finally, try and remember that this is a wonderful time in the lives of two people. Getting married to the person they love is often the best day of the person's life. A prenuptial agreement does not need to prevent a marriage from working perfectly.

New Jersey residents who are engaged and think that a prenuptial agreement may be a wise step in marriage preparation may find that consulting with a legal professional skilled in family law to be helpful. They can work out fair agreements for both parties while protecting assets and other interests.

Marriage is a wonderful step in many people's lives. Unfortunately many do end in divorce. While keeping those statistics in mind before being married, couples can protect their assets and ensure a smoother separation with a prenuptial agreement in preparation for the end of a marriage.

Source: Huffington Post, "How to request a pre-nup and still get married," Daniel Clement, Jan. 24, 2014

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