Prenuptial Agreements

Edison, NJ Prenuptial Agreement Attorney

med240013Guiding clients through ways to protect assets and appreciating property

When people get married, it is hard to consider a future where the relationship doesn’t work out leading to divorce. The reality is that over 50% of marriages don’t last and when that happens, a couple could see themselves splitting assets that they wish they had protected before entering into the marriage. Even though people believe that prenuptial agreements demonstrate distrust in their fiancé, this is not the case. When you take the financials out of the relationship, it allows people to focus on why they are together. Prenuptial agreements are simply a good way to protect your assets and property from an unknown future. For those who are high net worth individuals or owners of a business, a prenuptial agreement could save you a lot of hardship. If you are considering the need for a prenuptial agreement, you should contact The Law Office of Omar K. Qadeer, PC for a consultation. It is important to protect yourself from the unforeseen variables of the future. We can help.  

What are prenuptial agreements?

A prenuptial agreement is a binding contract between fiancés that details what happens in the case of divorce, separation, or death. A valid prenuptial agreement must be in writing, must be fair and just to both parties, must be voluntary, must include a full disclosure at the time of execution, and must be notarized. There are some limitations to what is allowed in a prenuptial agreement. There can be no agreement related to the children. New Jersey courts are obligated to act in the best interests of the children and this cannot be achieved through a prenuptial agreement that the court doesn’t review.

How a prenuptial agreement can save you from equitable distribution

Everyone has assets they should protect, no matter the lifestyle. Everyone from the modest living to the high net worth individual should consider obtaining a prenuptial agreement to protect assets they wish to keep separate. When a couple litigates over property distribution, the court will decipher between what is marital property and what is separate property. Once they know the marital property of the marriage, they will allocate assets based on many factors according to what is fair and just to both parties. This is called equitable distribution. Though people often believe that they are entitled to half of everything, this is often not the case. Equitable distribution usually doesn’t work out to a 50/50 split but does often go against the wishes of at least one of the spouses. In order to protect separate assets that are commingled or have the potential for appreciation, a couple should consider a prenuptial agreement to detail how the marriage should function and how the court should recognize assets. For those who are considered high net worth individuals and those who own businesses and professional practices, this is an important tool to protect the complex and high profile assets you started your marriage owning.

Contact a Middlesex County law firm to guide you through prenuptial agreements

Though it is hard to consider a future where your new and budding relationship doesn’t work out, it is always in your best interests to consider all of you options when facing uncertainty. The Law Office of Omar K. Qadeer, PC works with clients who wish to protect their assets through a prenuptial agreement. If you are interested in finding out more about your legal options, contact our office for a free consultation. We are always available to guide our clients through their legal options and represent their needs.