You want a prenuptial agreement, but you’re not sure where to start. You’ve heard such agreements protect assets, but what should you include? What should you avoid? Understanding what to include in a prenup is key to making sure it meets your needs. You may also wonder if a prenuptial agreement template is enough or if working with a lawyer is a better choice. It’s understandable to feel overwhelmed, but getting the right guidance can make the process easier.
At Weiner Law, we help couples create strong, enforceable prenuptial agreements. Our team ensures your agreement covers what matters most while protecting your future. Call us at 973-403-1100 or contact us online today to start the process.
What Is a Prenuptial Agreement (Prenup)?
A prenuptial agreement, or prenup, is a legal contract between two people before they marry. It outlines how the couple will handle finances, assets, and debts during the marriage and in the event of a divorce. A well-structured prenup can help prevent disputes by setting clear financial expectations.
Prenups are especially useful when:
- One or both partners have significant assets or debts,
- One partner owns a business or expects to inherit property,
- There are children from previous relationships who need financial protection, and
- One spouse plans to leave the workforce to raise children.
A prenup provides clarity and security, making financial discussions easier throughout the marriage.
What to Include in a Prenup
A well-written prenup should clearly outline financial expectations and protections. Let’s look at some key things to include when drafting your agreement.
Division of Assets and Debts
A prenup should specify how the couple will divide properties and assets in the event of a divorce. This includes properties, savings, and any investments. Additionally, it should clarify how the couple will handle debts, such as student loans or credit card balances, to avoid future conflicts.
Protection for Family Businesses and Inheritances
If one spouse owns a business, the prenup can ensure it remains separate from marital property. This prevents complications in the event of a divorce. Similarly, the spouses can protect inheritances, ensuring they stay with the intended recipient rather than becoming shared assets.
Alimony or Spousal Support Terms
A prenup can establish whether either spouse will pay or receive alimony, under what conditions, and for how long. Setting clear expectations prevents disputes during a divorce. However, the terms must be fair, as courts can reject agreements deemed overly one-sided or unconscionable.
Financial Responsibilities During Marriage
The agreement can outline financial responsibilities, such as who will pay for household expenses and how the couple wishes to handle joint savings or investments. This section helps couples establish a financial structure that works for both parties from the beginning of their union.
Protection Against Debt Liability
If one spouse has significant pre-marriage debt, the prenup can specify that the other spouse won’t be responsible for it. Additionally, it can address how the court should handle any debt acquired during the marriage.
What Happens to the Home
A prenup can decide who will keep the marital home in the event of a separation. It can also outline buyout terms or agreements on whether the couple will sell the home if they split up and how they should divide the proceeds. Addressing this in advance can help avoid costly legal disputes.
What to Avoid in a Prenup
Some things should never be in a prenuptial agreement. Including the following issues in your agreement could invalidate your prenup in New Jersey.
Child Custody or Support Decisions
The court determines child custody and child support based on the child’s best interests, not what is written in a prenup. Family courts have the final say on custody arrangements, ensuring that decisions prioritize the child’s welfare. Similarly, child support obligations must adhere to New Jersey state laws, meaning they cannot be waived or modified through a prenup. Attempting to include such terms in your agreement could lead the judge to invalidate that section of the contract.
Unfair or One-Sided Terms
A prenuptial agreement must be fair and reasonable to both parties. Courts may reject a prenup if they deem it “unconscionable”—or overwhelmingly favoring one spouse while leaving the other in financial distress.
If the terms are excessively one-sided, such as one spouse keeping all assets while the other is left with nothing, the agreement may be overturned.
Ensuring that both partners have independent legal counsel during the drafting process can help prevent issues of unfairness and improve the likelihood that the court will uphold and enforce the prenup.
Lifestyle Clauses
Some couples attempt to include lifestyle clauses that dictate personal behaviors during the marriage, such as weight maintenance, household chores, or social media use. While these provisions may seem like a good way to set expectations, they are often unenforceable.
In some cases, lifestyle clauses can even weaken the overall validity of the agreement. Instead of focusing on personal behavior, it’s best to keep the prenup centered on financial matters to ensure enforceability and legal strength.
Do I Need a Lawyer for a Prenuptial Agreement?
A prenuptial agreement template might seem like a simple solution, but it can lead to big problems. New Jersey has strict laws about prenups, and a DIY template may not cover everything correctly. Working with a knowledgeable lawyer is by far the best way to ensure your agreement is enforceable.
- Customized protection. A lawyer ensures your agreement is tailored to your specific needs.
- Legal compliance. Courts can reject poorly written prenups. A lawyer makes sure yours is legally sound and enforceable.
- Fairness for both sides. A lawyer ensures the prenup protects both spouses fairly, reducing the risk of legal challenges.
At Weiner Law, we guide you through every step of the process.
Secure Your Future with Weiner Law
Creating a prenuptial agreement doesn’t have to be stressful. With the right guidance, it’s a smart step toward financial security. At Weiner Law, we take the time to understand your needs and ensure your agreement is strong, fair, and enforceable.
Call us at 973-403-1100 or contact us online today to schedule a consultation.
Let’s work together to create a prenuptial agreement that safeguards your assets, ensures financial security, and provides peace of mind for both you and your future spouse.