Prenuptial Agreements

In the past, a couple's use of a prenuptial agreement was often viewed by others as a sign that they did not truly trust that the marriage would last. Fortunately, these agreements today are more widely recognized for what they are: useful tools that can make an eventual divorce less stressful and less time-consuming.

I am attorney Leonard A. Weitzman, and I am available to draft or review prenuptial agreements for clients in Somerset County and throughout New Jersey. I know that when you are planning to get married it can be difficult to think that the relationship may one day end in divorce. However, certain couples in certain situations can benefit greatly by planning for the possibility. In some cases, I have recommended against creating a prenuptial agreement. When you visit my office in Bridgewater, we will have an open conversation and reach a decision that fits your unique situation.

When Might a Prenuptial Agreement Make Sense?

One of the main functions of a premarital agreement is that it gives the spouses the opportunity to decide how their property should be divided should they ever get divorced. The agreement can also spell out how much alimony should be paid. These agreements cannot, however, be used to limit child support or to decide matters of child custody.

As your lawyer, I may recommend creating a prenuptial agreement if:

  • You or your future spouse has children from a previous marriage
  • One party has a significantly higher income than the other
  • You run a business together and you do not want business assets and debts divided in a divorce proceeding

Because I have practiced family law in New Jersey for nearly 30 years, I understand how to create marital agreements that hold up in court. The key to that is full disclosure — as long as you reveal all your assets to your future spouse and do not try to hide anything, then there is a strong chance that the agreement will be valid. In addition, the agreement should be signed at least one month before the wedding. This goes a long way toward preventing a party from claiming that the agreement was signed under pressure at the last minute and should therefore be invalid.

Contact The Law Offices of Leonard A. Weitzman Today

I welcome the opportunity to answer any questions you may have about prenuptial agreements and whether you might benefit from creating one. To arrange an initial consultation to discuss the issue, please call my Bridgewater office at (908) 458-9098 or contact me via email.