Prenuptial Agreements

Photo of attorney Melinda L. Singer

Empowering Your Union: Prenuptial And Postnuptial Agreements Unveiled

If you are about to enter marriage, there are many decisions you must make. Some of the ones that are most discussed, such as wedding arrangements, end up having the lowest stakes. Yet, discussions that will impact your finances, your family and your future are disregarded. A prenuptial agreement can ensure that you are protected, no matter what happens.

If there is a divorce, that is the first document that the court will review to see whether it is valid and what your rights are.

How A Prenuptial Agreement Can Benefit Anyone

My name is Melinda L. Singer, Esquire. I am a board-certified family law attorney, a distinction that fewer than two percent of family law attorneys hold in the state of New Jersey. My experience throughout my years of practice has shown over and over again the distinct benefits a prenuptial agreement can offer, including:

  • Ability to define terms. A prenup allows you and your spouse-to-be to define terms for child custody, child support and spousal support in the event of a divorce.
  • Financial protection for you. The agreement can outline what will happen to your finances in the event of a divorce or even throughout a marriage. Perhaps you want to ensure that an employer-sponsored pension plan will stay with you or that you and your partner are each responsible for paying your own credit card. A prenup can make those arrangements.
  • Financial protection for your children. This is particularly necessary in a blended family. If you want to ensure that your children from a previous marriage retain certain assets, a prenup is the way to do it.
  • Estate planning advantages. If you have family heirlooms that you want to be sure will go to your children after your death and not to your spouse’s new partner, you will want to sign an agreement to that effect.

Sometimes, individuals are wary of signing a prenup, thinking that it seems like they are betting on divorce. However, a prenup really allows you and your partner to enter marriage worry-free, knowing that you are both taken care of no matter what.

Making An Agreement After The Wedding

Complementing prenuptial agreements, postnuptial agreements present a valuable tool for couples seeking to redefine or reinforce financial and marital arrangements after marriage. These agreements, established subsequent to the marriage ceremony, serve as a means to adapt to evolving circumstances and solidify mutual understandings. These agreements can include:

  • Adaptability and flexibility: Postnuptial agreements offer couples a flexible platform to address changes within the marriage. Whether it’s a shift in financial circumstances, career changes or new asset acquisitions, these agreements enable adjustments to existing arrangements.
  • Asset protection and planning: Similar to prenups, postnuptial agreements safeguard assets acquired during the marriage and provide a clear roadmap for their distribution in case of separation or divorce. They also facilitate proactive planning for potential scenarios, fostering financial security.
  • Communication and trust-building: By engaging in discussions around a postnuptial agreement, couples enhance communication and build trust. These conversations encourage transparency about financial goals, responsibilities and expectations, strengthening the marital bond.
  • Legal validity and counsel: Seeking legal guidance from a knowledgeable family law attorney ensures that the postnuptial agreement adheres to legal standards and is enforceable, providing both parties with peace of mind.

In essence, postnuptial agreements offer couples the opportunity to recalibrate their financial and marital arrangements within the marriage. They stand as a testament to adaptability while providing a structured approach to safeguarding assets and planning for the future.

Learn More About The Advantages Of A Prenup

To discuss your situation with a board-certified matrimonial lawyer who understands the pros and cons of a prenup for you, call my Hackensack office at 201-870-0826. You can also send a message through my online contact form at any time, and I will respond as promptly as possible.