Protecting Your Rights Through a Prenuptial Agreement
April 11, 2012 By The Law Offices of Tejal V. Patel
Prenuptial agreements are written agreements that delineate each party’s rights and obligations in the event of a divorce. A prenuptial agreement is signed before the wedding and the agreement goes into force once the couple weds. The typical agreement addresses issues such as property division, distribution of marital assets and property, spousal support, the making of a will or trust, life insurance and other relevant rights or obligations in the event of divorce or death.
In the past, prenuptial agreements used to carry a negative and unromantic connotation that the couple was bound for divorce. However with the national divorce rate at 50% for first marriages, having a preexisting agreement with the person you choose to marry is more important than ever before. Prenuptial agreements, also known as prenups, protect both spouses from each other’s debts. One of the main reasons that prenups have become so popular in recent times is because individuals are bringing larger and larger amounts of debt into their marriages. With the current economic crisis and the increasing age of people who get married, the majority of people who get hitched bring some form of debt into the marriage.
Prenups are also useful for ensuring that the assets of one or both parties are passed down to children from a future marriage or relationship. Children and the proper care of children continue to be some of the most popular reasons for seeking a prenup, especially when the children are present from a previous relationship. It is important to realize that this agreement does not apply to children who were not born at the time of the agreement. After a couple has children, the prenup can be revised in the form of an agreement that specifies the couple’s wishes regarding their children in the case of a divorce while the children are still under the age of 18.
The one thing that a prenuptial agreement has no control over in New Jersey is issues relating to child custody, support and visitation. Even if you and your spouse divorce and agree to split the custody 50/50, it is still up to the discretion of the judge to decide what is in the best interests of the children. In fact, many judges will reject a “week on, week off” type of agreement because they feel that children won’t thrive unless they have a more consistent home base. With that said, there are many applicable and important areas that a prenup does address, and drafting an agreement now may save you heartache and stress in the future. It is wise to enlist the help of a knowledgeable Cherry Hill family attorney who can guide you through the process and ensure that your rights are protected.
ABOUT THE AUTHOR: The Law Offices of Tejal V. Patel
At the Law Offices of Tejal V. Patel, LLC, you will find caring, reliable legal help for your family law issues and estate planning needs. Cherry Hill family attorney Tejal V. Patel is highly experienced in handling prenuptial agreements and other agreements relating to divorce or estate planning, and she can assist you with preparing a document that meets your needs. The firm invests both time and attention to ensure that you are prepared for the future so that you can have peace of mind about your assets and belongings!
Family law and estate planning issues tend to be highly personal, and you need a compassionate and experienced lawyer who can provide you with the high-quality legal support you need at an affordable fee. The Law Offices of Tejal V. Patel, LLC is a small, intimate firm that helps individuals and families throughout New Jersey and Pennsylvania.
Copyright The Law Offices of Tejal V. Patel
More information about The Law Offices of Tejal V. Patel
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Prenups are also useful for ensuring that the assets of one or both parties are passed down to children from a future marriage or relationship. Children and the proper care of children continue to be some of the most popular reasons for seeking a prenup, especially when the children are present from a previous relationship. It is important to realize that this agreement does not apply to children who were not born at the time of the agreement. After a couple has children, the prenup can be revised in the form of an agreement that specifies the couple’s wishes regarding their children in the case of a divorce while the children are still under the age of 18.
The one thing that a prenuptial agreement has no control over in New Jersey is issues relating to child custody, support and visitation. Even if you and your spouse divorce and agree to split the custody 50/50, it is still up to the discretion of the judge to decide what is in the best interests of the children. In fact, many judges will reject a “week on, week off” type of agreement because they feel that children won’t thrive unless they have a more consistent home base. With that said, there are many applicable and important areas that a prenup does address, and drafting an agreement now may save you heartache and stress in the future. It is wise to enlist the help of a knowledgeable Cherry Hill family attorney who can guide you through the process and ensure that your rights are protected.
ABOUT THE AUTHOR: The Law Offices of Tejal V. Patel
At the Law Offices of Tejal V. Patel, LLC, you will find caring, reliable legal help for your family law issues and estate planning needs. Cherry Hill family attorney Tejal V. Patel is highly experienced in handling prenuptial agreements and other agreements relating to divorce or estate planning, and she can assist you with preparing a document that meets your needs. The firm invests both time and attention to ensure that you are prepared for the future so that you can have peace of mind about your assets and belongings!
Family law and estate planning issues tend to be highly personal, and you need a compassionate and experienced lawyer who can provide you with the high-quality legal support you need at an affordable fee. The Law Offices of Tejal V. Patel, LLC is a small, intimate firm that helps individuals and families throughout New Jersey and Pennsylvania.
Copyright The Law Offices of Tejal V. Patel
More information about The Law Offices of Tejal V. Patel
View all articles published by The Law Offices of Tejal V. Patel
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
