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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 agreement will 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.

To be recognized legally, a premarital agreement must be prepared in writing and address division of assets. It should also include agreements about:

  • 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 does not include issues regarding child support, custody or parenting time.

What Happens If A Premarital Agreement Is Challenged?

If your ex is challenging the items in a 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?
  • Was there an opportunity for the individual to have a lawyer of their choosing review the agreement?
  • Did the parties fully disclose all assets, liabilities and income?

Proudly Serving Northern New Jersey

We frequently represent clients in the family courts in these counties: Essex, Union, Somerset, Morris, Hunterdon, Monmouth, Bergen, Hudson, Passaic, Middlesex and Ocean counties.

Call Today For A Free Initial Consultation

To learn about your legal options in a divorce or other family law issue, call the attorneys at Diamond & Diamond, P.A., in Millburn at 973-671-1354. If you prefer, send the firm an email to get started.