You may not want to even think about the possibility of getting divorced while you are in the midst of planning your wedding. Though, a prenuptial agreement is something you should strongly consider establishing before tying the knot, for the sake of your protection in such an unlikely, unfortunate finality. But if you are going to go out of your way to write up this document, you must ensure that it is done in a way that is actually valid and enforceable in the possible future. With that being said, follow along to find out what can and cannot be included and how a proficient Morristown prenuptial agreement lawyer at Graves Andrews, LLC can help you navigate this document preparation.
What is allowed to be included in a prenuptial agreement?
Primarily, a prenuptial agreement is supposed to cover how your and your spouse’s financial matters are to be handled in the heartbreaking event of your divorce. More specifically, this may include the following provisions:
- You may distinguish which assets should be considered your and your spouse’s separate property.
- You may discern which separate property should be inherited by your and your spouse’s children from previous marriages.
- You may specify which family heirlooms or other property should be kept in your and your spouse’s birth families.
- You may limit your liability to your spouse’s debts during and after your marriage, or vice versa.
- You may waive or eliminate the option of alimony for yourself or your spouse.
Also, it may be worth mentioning that your prenuptial agreement does not have to deal with the financial arrangements in a divorce exclusively. Rather, it may also disclose the financial responsibilities and expectations you and your spouse set for yourselves throughout the course of your marriage. For example, you may want to coordinate who should manage household bills, expenses, joint investments, and joint bank accounts. Or, you may arrange who contributes what to your overall savings.
What provisions cannot be included in this agreement?
While property division and alimony provisions can be included in your prenuptial agreement, child custody and child support provisions cannot be. This is because the New Jersey family court holds the ultimate authority on these divorce-related terms, so they thereby must be arranged in the midst of your divorce proceedings.
The reason is that the court must make its final ruling on child custody based on what is in your child’s best interest, and child support based on the enforced state guidelines. More often than not, the court does not see the provisions listed in a prenuptial agreement as such.
At the end of the day, if you have any lingering doubts about your prenuptial agreement or upcoming divorce case, a talented Morristown family law attorney can help relieve them. So whenever you are ready to get started, please reach out to Graves Andrews, LLC.
