Articles Posted in Prenuptial Agreements

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There are lots of stereotypes surrounding prenuptial agreements… some positive and some negative. The reality, however, is that a good prenuptial agreement can potentially benefit both spouses, while a bad one can potentially harm either one. Given just how substantial the impacts of your prenuptial agreement can be, it is essential that you have an experienced Hoboken prenuptial agreement attorney on your side before you sign your agreement.

A recent ruling from the Appellate Division court puts an even brighter spotlight on the vital importance of proceeding cautiously and knowingly before you sign a prenuptial agreement, as getting one of these agreements thrown out is very hard to do. In the case, R.S. was a twice-divorced man preparing for marriage to his third wife. R.S., apparently feeling he’d been “burned” before in divorce, told his bride-to-be that a prenuptial agreement was an absolute must before he’d marry her. Each spouse got independent legal counsel to review the proposed agreement. The wife’s attorney advised against her signing it but, on the eve of the wedding, she signed anyway.

Two decades later, the couple divorced. The wife asked the court to throw out the prenuptial agreement as unenforceable. The wife’s argument was that, if the judge allowed the agreement to stand, she would be left with a post-divorce standard of living that was far below the standard she enjoyed during the marriage. The judge, however, barred any evidence of the couple’s marital lifestyle in the hearing on the agreement’s enforceability.

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Back in the summer, celebrity gossip site TMZ (along with probably countless other sources) reported on the breakup of the eight-month-long marriage of actor Liam Hemsworth and singer Miley Cyrus. According to the TMZ report, the couple had created and signed a prenuptial agreement before they wed. Additionally, each had kept his/her earnings separate during the duration of the marriage. As a result, “there won’t be a fight over money,” the report indicated.

Even if you’re not a couple of multi-millionaires (or even if you are,) there may be good reasons to create what’s called an “antenuptial agreement,” also sometimes known as a prenuptial agreement or premarital agreement. However, what do you do if you’re already married and didn’t create a prenuptial agreement, but now you realize that you probably would have benefited from one? Are you out of luck because you’re already married? No, there are still options. Contact a knowledgeable Hoboken family law attorney and find more about what tools may be able to help you.

One of the tools that is available to you after you’ve already gotten married is something called the mid-marriage agreement, or intra-marital agreement. Mid-marriage agreements can be a great way to protect your interests in an existing marriage, even though the marriage may be successful and nowhere near being “irretrievably broken.”

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Once upon a time, the idea of a prenuptial agreement carried mostly negative connotations. The stereotype was that the people who got a prenuptial agreement (also known as an antenuptial agreement or pre-marital agreement) were either greedy and rich spouses trying to avoid sharing the wealth or else worried wealthy people seeking to protect themselves from a “gold digging” soon-to-be spouse. As you can see, this stereotype is fueled by an over-sized dose of cynicism.

The reality is actually much different, and more people are realizing that. According to a recent report, more spouses-to-be are seeking the benefits that a prenuptial agreement can offer. One thing to keep in mind if you’re considering signing a prenuptial agreement is what an impactful decision that is. Once you’ve signed the agreement, your options for getting it invalidated later are fairly limited. (This, by the way, is another reason why you shouldn’t go into the process alone but be sure you are represented by a skilled Hoboken family law attorney.)

According to that recent report, 62% of lawyers who responded to an American Academy of Matrimonial Lawyer survey reported an increase in the number of clients requesting services related to establishing a prenuptial agreement. One attorney, who noted an uptick in prenuptial agreements among second marriages, concluded that spouses had negative memories of their previous divorces and “don’t want the uncertainty of having a judge decide their fate.”

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