Without a prenup, distribution of assets is subject to the laws of the state where the couple resides and at the discretion of the judge given the confines of those state laws. Community property states will typically divide assets on a 50/50 basis, while equitable distribution states, like New Jersey, will distribute assets according to what a judge sees as fair after consideration of various factors.
At one time prenups may have been something considered only by the rich and famous. Today, however, more couples delay marriage until after they have established their individual careers and prenuptial agreements are more common.
Having a prenup can reduce the expense of a drawn-out divorce. It allows a couple to make decisions based on what they consider to be fair, rather than under the duress and emotions that typically come with the end of a marriage.
Important things to consider when drawing up a prenuptial agreement:
Although a prenuptial agreement can be drawn up without an attorney, it is important to note that every state has specific laws regulating what it considers to be a valid agreement. (New Jersey’s requirements can be found under the Uniform Premarital and Pre-Civil Union Agreement Act). To ensure your prenup is valid under your state law, it is advisable to have the agreement reviewed by a Family Law attorney.
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