12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Totowa, NJ

Do I Need a Lawyer for a Prenuptial Agreement in Totowa, NJ


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free NJ Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Totowa, NJ
Rogers Beth C
41 Vreeland Ave # 100
Totowa, NJ 07512
(973) 237-9898
General Practice Attorneys, Attorneys, Legal Service Plans
Miller & Platt PC
195 US Highway 46 Ste 8
Totowa, NJ 07512
(914) 668-9600
General Practice Attorneys, Attorneys, Legal Service Plans
Prestifilippo Rosann C
489 Riverview Dr
Totowa, NJ 07512
(973) 812-9585
General Practice Attorneys, Attorneys, Legal Service Plans
Abdy & Kane, P.C.
97 Lackawanna Ave
Totowa, NJ 07512
(973) 890-9090
Personal Injury Law Attorneys,  Business Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Ba
Law Office John E Clarke
16 Furler St
Totowa, NJ 07512
(973) 812-8840
General Practice Attorneys, Attorneys
Goldstein Jerry
264 Union Blvd
Totowa, NJ 07512
(973) 595-7661
Business Bankruptcy Law Attorneys,  Attorneys,  Real Estate Attorneys,  Bankruptcy Law Attorneys
Smith Eric W
246 Union Blvd
Totowa, NJ 07512
(973) 942-6500
Product Liability Law Attorneys, Attorneys
Giamonna Maria A
16 Furler St
Totowa, NJ 07512
(973) 890-5800
Attorneys, Legal Service Plans
Fiorello Anthony
16 Furler St
Totowa, NJ 07512
(973) 890-5800
Attorneys, Legal Service Plans
Consales Leon V
409 Minnisink Rd Ste 2
Totowa, NJ 07512
(973) 890-4445
Attorneys, Legal Service Plans
Roper & Twardowsky
77 Jefferson Pl
Totowa, NJ 07512
(973) 790-4441
General Practice Attorneys, Attorneys, Legal Service Plans
De Simone Alphonse
195 US Highway 46 # 8
Totowa, NJ 07512
(973) 785-3939
Attorneys,  Business Bankruptcy Law Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys
Ibrahim Law Group, P.C.
97 Lackawanna Ave., Suite 001
Totowa, NJ 07512
(973) 767-2050
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Immigration Law Attorneys,  Landlord & T
Philip S Adelman ESQ
41 Vreeland Ave
Totowa, NJ 07512
(973) 890-1521
General Practice Attorneys, Attorneys
Varano Steven A
10 Furler St # 2
Totowa, NJ 07512
(973) 256-1414
Attorneys, Legal Service Plans
Corrado & Corcoran
142 Totowa Rd Ste 2
Totowa, NJ 07512
(973) 956-1400
Attorneys, Legal Service Plans
Bogorad Terry S
41 Vreeland Ave
Totowa, NJ 07512
(973) 890-1150
Galluccio Adolph J
246 Union Blvd
Totowa, NJ 07512
(973) 278-0600
Attorneys, Legal Service Plans
Davies Davies & Sandberg PA
37 Vreeland Ave Ste 1
Totowa, NJ 07512
(973) 890-0400
General Practice Attorneys, Attorneys, Legal Service Plans
Wegner & Wegner, PA
79 Union Blvd
Totowa, NJ 07512
(973) 942-0123
Employee Benefits & Worker Compensation Attorneys,  Personal Injury Law Attorneys,  Attorneys,  Labo
Markus & Cohen
10 Furler St
Totowa, NJ 07512
(973) 256-0035
General Practice Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US