Photo of Professionals at Weinberg, Kaplan & Smith, P.A.
Photo of Professionals at Weinberg, Kaplan & Smith, P.A.

Should you get a prenuptial agreement?

On Behalf of | Jun 3, 2022 | Divorce

Before getting married in New Jersey, many couples create a prenuptial agreement. This type of agreement can be helpful in many situations, but it’s not always necessary. If you are wondering if a prenuptial agreement is right for you, here’s what you need to know.

What a prenuptial agreement is

A prenuptial agreement, also called a prenup, is a contract created by two people before they get married. It’s different from a postnuptial agreement, which is typically made after a couple gets married. A prenup typically outlines how assets will be divided if the marriage ends in divorce.

These prenuptial agreements can be helpful in many situations. For example, if one spouse has significantly more assets than the other, a prenup can help protect the less-wealthy spouse in the event of a divorce.

Prenups can also be used to protect assets that you bring into the marriage, such as a family business or inheritance. And, if you have children from a previous relationship, a prenuptial agreement can help ensure that those assets go to your children, rather than your new spouse.

When is a prenup unnecessary?

One situation when a prenup may not be necessary is if you and your spouse have similar levels of wealth. If you both own a home, have retirement savings, and don’t have significant debts, there may not be much to protect in the event of a divorce.

Another situation when a prenup may not be necessary is if you’re getting married later in life. If you’ve already established your career and accumulated some assets, a prenup may not be worth the time and expense. Finally, if you’re confident in your relationship and don’t anticipate any problems down the road, a prenup may not be necessary.

As you can see, there are many factors to consider when deciding whether or not to create a prenuptial agreement. Ultimately, it’s a personal decision that should be made after careful consideration and discussion with your future spouse. Just remember that in most cases, prenups make divorce simpler and less stressful – so they’re worth considering, even if you’re not sure you need one.