Many New Jersey couples do not consider prenuptial agreements because they do not like to broach the topic of divorce before the wedding. They may think that prenuptial agreements are only signed by people who expect the marriage to fail. This mischaracterizes the nature of a prenuptial agreement; the document is more like insurance.
Many people who sign prenuptial agreements will never need them, and the document will go into a file never to be seen again. Those who do end up needing them will be thankful that they signed the agreement because their assets will then be protected during divorce. Couples might have some issues discussing prenups, but under certain circumstances, they are a must.
Those who come into the marriage with money or their own business will need this protection. Otherwise, their business could be at risk during a divorce. While it may not be romantic, it is intelligent and prudent to negotiate. If there is a divorce, the agreement will ensure that the assets remain with the proper person.
Prenups do not need to be one-sided agreements; they can make sure that both spouses are protected. Provided that both partners are fully informed and receive their own legal advice, these agreements can spare each future spouse from unnecessary stress and grief if their marriage does not work.
It is important to know that each prospective spouse requires their own attorney when they are considering a prenuptial agreement as one attorney is prohibited from representing both parties. It is better to leave the negotiations to family law attorneys because the two partners may come into conflict if they are negotiating directly. Their attorneys may handle the drafting and negotiations to leave each partner out of it to the fullest extent possible.