Divorced couples are not the only ones who can benefit from a marriage contract. If a couple decides to divorce, a New Jersey prenutial agreement can also protect family property that could be at risk. For example, a family that owns a business may feel more comfortable with a marriage contract. Although it is not the preference of the engaged couple, a marriage contract can protect the family business from being subject to a fair distribution in the event of divorce in the future. Both parties must be represented by their own lawyer. If both parties attempt to « share » the same lawyer, this constitutes a clear conflict of interest and may constitute future reasons for the total nullity of the agreement. If a party refuses to appoint a lawyer, it must sign a statement explicitly states that it has been invited to use a lawyer, but has chosen not to do so. There are many reasons why a couple might enter into a marriage contract. For example, one member of the couple is much richer than the other and has property to protect in case of marriage failure, a marriage contract is a solution to fears that the other spouse may be interested in marrying for his own benefit. If there is a company that owns a member of the couple and is careful to let the future husband or wife who have the potential to assume part of it if there is a divorce, it may be written in the marriage contract that certain property and property belonging to each spouse remain with them, If the marriage fails. A common question that is asked when a couple has a marriage contract and is heading for divorce is whether or not the agreement can be broken. The answer is yes. In some circumstances, the marriage contract may be broken and a spouse may be entitled to more than what was originally agreed.
Although marriage and life partnership agreements are generally enforceable, a person can get a court order that abandons (or invalidates the agreement). This is not an easy task; it is often a long dispute. In 1988, New Jersey joined other states across the country in passing the uniform pre-Marital Agreement Act, N.J.S.A. §§ 37:2-32 to 37:2-41. This law defines the requirements for the application of a marriage or life partnership contract, including the rights and obligations of the parties. Marriage and civil association agreements are enforceable under New Jersey law if they are drafted in a manner that ensures compliance with legal requirements. According to the current version of the law, the pre-marital or pre-trial association agreement must be in writing; must contain a heritage statement attached to it; it must be signed by both parties; and both parties must have legal assistance or expressly waive the right to independent legal assistance. If you are considering entering into a marriage or life partnership agreement, we advise you to consult a prenup attorney in New Jersey at our firm. These practitioners work in partnership with our fiduciary and estate lawyers in the development and negotiation of demanding marriage contracts that deal meticulously: Marriage contracts have received a fair share of the negative press, as it is a lack of trust on the part of one or both partners to protect themselves in case the marriage does not work. . . .