Enforceability of Prenuptial Agreements
Depending on when your prenuptial agreement was signed there can be different ways the agreement is enforced. If yours was signed before the current adoption of the Uniform Premarital Agreement Act, it can be reviewed and challenged in court.
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Key Requirements for Enforceable Prenuptial Agreements in New Jersey
- There has been full disclosure
- The agreement is not “unconscionable,” meaning excessively unfair
The Court starts out assuming that a prenuptial agreement is enforceable. As a result, any person asking that the Court refuse to honor the agreement has the burden to establish, by clear and convincing evidence, that it is not.
Proving Unenforceability: What You Need to Show
- The party executed the agreement involuntarily; or
- The agreement was unconscionable when it was executed
There are a few other important matters to consider regarding prenuptial agreements. A valid prenuptial agreement must meet certain other criteria.
Essential Criteria for a Valid Prenuptial Agreement
- Must be in writing
- Cannot adversely affect the independent right of a child to child support
- Becomes effective upon marriage
- Once effective, can only be changed or terminated by another signed writing.
- The agreement remains enforceable if the marriage is void, but only to the extent necessary to prevent an unjust result
- Must be considered by the court when dividing assets between divorcing spouses
Finally, the language of the agreement itself is perhaps the most important consideration. We strongly recommend that anyone considering entering into a prenuptial agreement schedule a consultation with our knowledgeable prenup lawyers in Somerset County. Distinctions in language that may seem subtle now can lead to serious issues down the road. Our attorneys at DeTommaso Law Group have the experience to protect your assets in a divorce.
Give us a call at (908) 274-3028 or complete our online contact form to get started with a consultation.
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Joseph Freda & Nicole Tigeleiro of DeTommaso Law Group, LLC were the absolute best to work with. They helped my husband and me to navigate through a cohabitation case and were a pleasure to work with from Day 1. Their honesty, patience, and communication style were something we both needed to ensure the best outcome given the circumstances. We highly recommend their services.- Louise -
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I started working with Joe Freda when I needed an attorney for custody and parenting time. Joe is so easy to talk to and has always explained everything clearly. He has always thought about what will be in my child's best interest. Joe continues to be easily accessible by phone or email when I need a question answered. I even followed Joe when he switched firms.! If anyone is looking for a knowledgeable family lawyer, then go with Joe.- Christine C. -
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After frustrating lack of results from another law firm, I was recommended to Mr. Passler and have since been able to sleep at night knowing he is intimately vested in our cause for our daughter. My case was not a divorce but about a parenting schedule, adversarial violations and safety and well-being issues for our special needs child. This law firm will stand up for your rights in a strategic and comprehensive manner. Mr. Passler is highly intelligent and experienced, and professional and courteous. You can be confident you will get impactful representation.- Vera -
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Why Choose DeTommaso Law Group, LLC?
What Makes Us Different
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At DeTommaso Law Group, LLC, we believe that every client deserves unwavering support and a fearless advocate in their corner. We understand the emotional and legal challenges that families face during times of crisis, and we are committed to providing them with the strong, determined representation they deserve.
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Our team of experienced family law attorneys possesses extensive knowledge in the field. We stay up-to-date with the latest legal developments to ensure that we provide the most effective strategies and guidance to our clients. Our deep understanding of family law empowers us to navigate complex legal processes and provide insightful advice.
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We recognize that no two family law cases are the same. We tailor our approach to each client's specific needs and goals. By understanding their unique circumstances, we can develop personalized strategies that protect their interests and safeguard their rights.
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We refuse to back down when it comes to fighting for our client's rights. We are not afraid to take on challenging cases or confront difficult opponents. Our unwavering commitment to our clients drives us to explore every legal avenue and utilize our expertise to secure the best possible outcomes.