Why You Need A Premarital Agreement Or Cohabitation Agreement

No one wants to imagine a scenario where their relationship ends. But in reality, many do. In the event that should happen with your marriage or relationship, a premarital or cohabitation agreement can protect your rights and determine what each party can expect if that happens. You will be able to almost seamlessly cut ties without further conflict so long as your premarital or cohabitation agreement was properly drafted and executed.

To be recognized legally, a premarital agreement must be prepared in writing, fully disclose all assets, and address the division of assets and in appropriate settings, address the issue of support. The agreement should also include:

  • How the parties entered into the premarital agreement
  • Each party's rights to assets and ability to control property
  • Spousal support
  • The creation of a will or trust to uphold the details of the agreement
  • Who has ownership of death benefits

A premarital agreement cannot address issues regarding child support, child custody or parenting time.

What Happens If A Premarital Agreement Is Challenged?

If your ex is challenging the validity of your premarital agreement, the court examines the evidence to see if all three of the following criteria are met:

  • Did the individual voluntarily agree to the terms - meaning was the agreement entered into voluntarily or was the person coerced into signing it?
  • Was there an opportunity for the individual to have a lawyer of their choosing review the agreement sufficiently in advance of its signing?
  • Did the parties fully disclose all assets, liabilities and income?

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Diamond & Diamond, P.A. has competently and professionally represented clients in their divorce and family law matters for more than 3 decades across New Jersey.

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To learn about your legal options in a divorce or other family law issue, call the attorneys at Diamond & Diamond, P.A., at (973) 379-9292. If you prefer, send the firm an email at NJDivorcelawyer@aol.com to get started.

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