Carolann M. Aschoff, P.C.

Prenuptial agreements: A smart move for every couple

When a New Jersey couple is planning to marry, there are many things to consider, from the wedding venue to where to start their new lives together. Many couples fail to see past their wedding day, however, and do not take the necessary steps to protect their future interests in the form of a prenuptial agreement.

People often associate prenuptial agreements with the rich and famous, but drafting this type of legal document can be a beneficial step for couples of all income levels. This step is not planning on a marriage to fail, but rather is an effort to protect individual interests in case of an unexpected situation in the future.

Important considerations for your prenuptial agreement

If you are getting married, you may benefit from the protections provided by a prenuptial agreement. While these documents differ on a case-by-case basis, they generally address the potential division of marital property, debt and assets in the event of a divorce. As you think about what you should include in your agreement, consider the following:

  • Is either spouse bringing debt into the marriage?
  • Does one or both spouses carry student loan debt?
  • Will one spouse take out more loans for future education needs?
  • Does one party expect to receive an inheritance in the future?
  • Does one or both parties have bad credit?

The answers to these questions and others can give you direction as to what you may find beneficial to include as part of your prenuptial agreement. Additionally, the conversations necessary to draft a strong agreement can lead to important discussions about money philosophy, career plans and other financial matters that a couple may not otherwise discuss before a wedding.

With the appropriate protections in place in the form of a prenuptial agreement, a couple can be confident that a divorce in the future would not necessarily require a contentious court battle over property and assets. While this is a critical step for a couple when one or both parties are bringing significant wealth into the marriage, it can be a smart step for everyone.

Protect your tomorrow with a small effort today

No one enters a marriage with the expectation that it will eventually fail, but protecting your future legal and financial interests is always a prudent thing to do. Being proactive today can shield your interests in the future, and having a prenuptial agreement is a smart way to avoid unnecessary complications in case the marriage ends. Drafting a prenuptial agreement is not planning to fail; it is a smart plan for most couples.

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