Same-Sex Prenuptial Agreement Lawyers in NJ

A premarital agreement, or prenup, is a legal contract that couples create while contemplating marriage.  Its purpose is to dictate how assets and debts will be allotted in the case of a separation and ultimately, divorce.  It aims to protect individual assets or liabilities obtained before or during the marriage from equitable distribution and creates a plan that can minimize arguments if the couple splits up. A prenup can clarify who owns what and give direction regarding shared assets. It can be beneficial when a family business is involved.  The division of shares, profits, and expenses under the best circumstances can still get messy, so a prenuptial agreement can make it less tedious. Prenups also provide clarity about alimony and the division of liabilities.  By setting clear guidelines, there is a clear path during the divorce process. Most inheritances are considered separate property, but a prenup will affirm it in black and white, safeguarding inheritances and other assets that need protecting from division.

If you are in a same-sex relationship and plan to be married in New Jersey, it is smart to consider your options to protect your highly prized assets through a same-sex prenuptial agreement. For experienced legal guidance on prenups for LGBTQ+ couples, trust the experienced attorneys at Montanari Law Group. From our Little Falls office, we provide comprehensive legal support to clients throughout New Jersey regarding the creation and effectuation of same-sex prenuptial agreements, the validity of these legal contracts, and how to handle a prenup if you find yourself and your partner divorcing in the future. Contact us today at (973) 233-4396 to discuss your options with a lawyer on our team. The consultation is always provided confidentially and free of charge.

The Landmark Case That Transformed New Jersey Marriages for Same-Sex Couples

In 2006, the New Jersey Legislature passed the Civil Union Act, which guaranteed same-sex couples the same benefits as married couples. Still, it did not allow for marriage between same-sex couples.  In 2011, in light of a U.S. Supreme Court decision (United States v. Windsor) that gave equal federal benefits to married same-sex couples, the New Jersey Supreme Court heard the case of Garden State Equity v. Dow. It was alleged that New Jersey’s Civil Unions, not recognized as marriages at the federal level, did not offer true equality.  The court agreed, and same-sex marriage was legally recognized in New Jersey in 2013.

The divorce rate of same-sex couples is noticeably lower than heterosexual couples, but that may be because same-sex marriage was not legalized in all 50 states until 2015.  That means that many same-sex couples have not been married as long as many heterosexual couples, thereby giving the impression that same-sex couples divorce less. However, this should not negate the necessity for considering a prenuptial agreement in the event of a divorce.

Priorities and Considerations that Your LGBTQ+ Prenup can Address in NJ

Prenups can cover a multitude of topics, from custody and visitation to spousal support.  Some couples even include who will get custody of their pet.  Because of their lengthy relationships pre-marriage, a prenup agreement is often a valuable tool for LGBTQ+ relationships. A same-sex couple may have acquired many assets during their relationship before getting married, and a prenup can set clear markers regarding separate and shared assets and liabilities.  It can also provide clarity in terms of spousal support.  If one spouse agrees to stay home while the other pursues their career, there should be proper financial support for the spouse who stayed home at the time of a divorce.

Children can frequently be a hot topic during a divorce.  A prenup can suggest a direction that the court can consider.  The courts must always make their decisions based on the best interests of the child, but a prenup can provide a framework.  Children from previous relationships will more than likely stay with their biological parent. Children who were born during the marriage will be part of a visitation plan to allow each parent fair time with them.  It is a stretch after all of the progress that has been made, but if, for some reason, the laws regarding same-sex marriage were to revert to the previous state, a prenuptial agreement could stand as a legal framework for child custody, no matter the legal landscape.

Modern-Day Prenuptial Agreement Requirements for Same-Sex Couples in New Jersey

The Uniform Premarital Agreement Act mandates how a prenup should be created, the parameters for what can be included, and how it can be revoked.  It is defined as an agreement made by a couple in contemplation of marriage or civil union. Under NJ law, the prenup must be entered willingly, and each party must disclose all financial information before signing the agreement to make a conscious decision.  As previously mentioned, the parameters include spousal support modification or elimination, the rights each party has to own specified assets, the division of shared assets such as the family home, and the formation of a trust or will that carry out what is stated in the prenup.

However, it must have some specific factors to be considered a valid legal document.  Each party must have their own lawyer and sign the prenup of their own free will, without threats or pressure from their partner.  The content of the prenup must be clear and straightforward.  The agreement must be balanced, and each partner’s financial circumstances must be considered.  The contract must be drawn up and signed far ahead of the marriage ceremony.  Outlandish requirements such as limits on weight gain of either party, spending limits, and other trivial matters are not allowed.

Consult our New Jersey Attorneys for Experienced Assistance with Same-Sex Couple Prenuptial Agreements

No one wants to think about a divorce when they haven’t even gotten married, but divorce is a reality for many people, no matter the type of relationship, and it is essential to be prepared.  A prenup isn’t necessarily a tool to keep everything away from your partner; it can be a conduit through which you both feel financially secure, no matter the future. At the Montanari Law Group, we can create a legally sound, binding same-sex prenup that protects your and your spouse’s financial future in communities across New Jersey, including Livingston, Summit, Glen Ridge, South Orange, Mahwah, Totowa, Wayne, Wanaque, Fort Lee, Teaneck, Little Falls, and Hawthorne. Our years of experience have granted us the privilege of helping couples like yourselves achieve a fair agreement that protects both parties in an LGBTQ+ marriage. Experience in these cases is essential to ensure you have a legal document that meets all of the state’s requirements and is comprehensive in scope. Call us today at (973) 233-4396  or contact us online, and we can answer any questions you may have regarding same-sex prenuptial agreement matters.