Prenuptial Agreements

Some of the Ways in Which a New Jersey Divorce Action or a Prenuptial Agreement Can Help Protect You Financially

August 14, 2020 | Frank Marciano

Divorce is something that, in many cases, has sweeping reach that touches many areas of your personal life. It is also something that can have serious effects on your “legal life,” as well. If you have created an estate plan (though a will, a trust and/or other legal documents,) your separation or divorce can have a major impact on how those legal documents work. Those impacts may potentially provide you with even more reasons to make sure you are completing your divorce without delay. To get that divorce finished efficiently and effectively, and to be sure that all your legal documents do what you want them to, be sure you’re working with an experienced Hoboken divorce attorney on your case.

In terms of the effect separating and/or divorcing can have, there’s a real-life case from recent months that is a good example. Last September, famous musician Ric Ocasek died in Manhattan at age 75. For more than 25 years, Ocasek had been married to model Paulina Porizkova. However, in 2018, Porizkova posted on social media that she and Ocasek had separated in 2017, according to People.com. Two months after Ocasek’s death, news reports indicated that Ocasek had excluded Porizkova from his will. The will stated that the pair were “in the process of divorcing” and that Porizkova was not entitled to anything from his estate “because she has abandoned me.”

Ocasek died in New York City, so his e

Paper cutout family with divorce related messageste likely will not be administered in New Jersey. However, you might wonder, what would happen in a situation like this in New Jersey? The reality is… it depends.

Prenuptial Agreements in New Jersey and What It Takes to Get One Invalidated by a Court

April 6, 2020 | Frank Marciano

There are lots of stereotypes surrounding prenuptial agreements… some positive and some negative. The reality, however, is that a good prenuptial agreement can potentially benefit both spouses, while a bad one can potentially harm either one. Given just how substantial the impacts of your prenuptial agreement can be, it is essential that you have an experienced Hoboken prenuptial agreement attorney on your side before you sign your agreement.

A recent ruling from the Appellate Division court puts an even brighter spotlight on the vital importance of proceeding cautiously and knowingly before you sign a prenuptial agreement, as getting one of these agreements thrown out is very hard to do. In the case, R.S. was a twice-divorced man preparing for marriage to his third wife. R.S., apparently feeling he’d been “burned” before in divorce, told his bride-to-be that a prenuptial agreement was an absolute must before he’d marry her. Each spouse got independent legal counsel to review the proposed agreement. The wife’s attorney advised against her signing it but, on the eve of the wedding, she signed anyway.

Two decades later, the couple divorced. The wife asked the court to throw out the prenuptial agreement as unenforceable. The wife’s argument was that, if the judge allowed the agreement to stand, she would be left with a post-divorce standard of living that was far below the standard she enjoyed during the marriage. The judge, however, barred any evidence of the couple’s marital lifestyle in the hearing on the agreement’s enforceability.

How is a ‘Mid-Marriage Agreement’ Different from a Prenuptial Agreement in New Jersey, and How Can Each One Help Me?

November 13, 2019 | Frank Marciano

Back in the summer, celebrity gossip site TMZ (along with probably countless other sources) reported on the breakup of the eight-month-long marriage of actor Liam Hemsworth and singer Miley Cyrus. According to the TMZ report, the couple had created and signed a prenuptial agreement before they wed. Additionally, each had kept his/her earnings separate during the duration of the marriage. As a result, “there won’t be a fight over money,” the report indicated.

Even if you’re not a couple of multi-millionaires (or even if you are,) there may be good reasons to create what’s called an “antenuptial agreement,” also sometimes known as a prenuptial agreement or premarital agreement. However, what do you do if you’re already married and didn’t create a prenuptial agreement, but now you realize that you probably would have benefited from one? Are you out of luck because you’re already married? No, there are still options. Contact a knowledgeable Hoboken family law attorney and find more about what tools may be able to help you.

One of the tools that is available to you after you’ve already gotten married is something called the mid-marriage agreement, or intra-marital agreement. Mid-marriage agreements can be a great way to protect your interests in an existing marriage, even though the marriage may be successful and nowhere near being “irretrievably broken.”

Prenuptial Agreements: When to Use One and How to Get Out of a Bad One

October 19, 2019 | Frank Marciano

Once upon a time, the idea of a prenuptial agreement carried mostly negative connotations. The stereotype was that the people who got a prenuptial agreement (also known as an antenuptial agreement or pre-marital agreement) were either greedy and rich spouses trying to avoid sharing the wealth or else worried wealthy people seeking to protect themselves from a “gold digging” soon-to-be spouse. As you can see, this stereotype is fueled by an over-sized dose of cynicism.

The reality is actually much different, and more people are realizing that. According to a recent report, more spouses-to-be are seeking the benefits that a prenuptial agreement can offer. One thing to keep in mind if you’re considering signing a prenuptial agreement is what an impactful decision that is. Once you’ve signed the agreement, your options for getting it invalidated later are fairly limited. (This, by the way, is another reason why you shouldn’t go into the process alone but be sure you are represented by a skilled Hoboken family law attorney.)

According to that recent report, 62% of lawyers who responded to an American Academy of Matrimonial Lawyer survey reported an increase in the number of clients requesting services related to establishing a prenuptial agreement. One attorney, who noted an uptick in prenuptial agreements among second marriages, concluded that spouses had negative memories of their previous divorces and “don’t want the uncertainty of having a judge decide their fate.”

Prenups, Premarital Agreement New Jersey Law

March 24, 2009 | Frank Marciano

Here in Hoboken, I have seen a big increase in requests for Prenups. An essential element of any prenup is that both sides have legal representation. The courts will generally uphold the agreement unless one party did not have an attorney or if the agreement is considered unconscionable. It is very hard for a much poorer person to negotiate the terms of a prenup. Most, if not all, of my clients marrying into money start off their appointment stating in no uncertain terms “I don’t care about the money”. All I can say to that is to consider your situation 15 years down the line when your husband decides to trade you in for a younger model and you are confronted with a document that you signed years ago when you were young and naive. I have a problem with the Court upholding an agreement that was made so long ago an in such different circumstances but the fact is that the Court may very well find the agreement enforceable even though it is unfair.

On the other hand, if you have money and are marrying someone without any assets you should bring up the Prenup topic very soon after you have both agreed to marry. Since the law allows people to negotiate many terms of a divorce before the love has gone, it is important to take advantage of a law meant to protect your assets.

A premarital agreement or ante-nuptial agreement may be used by a couple to determine, prior to marriage, what each party’s rights and obligations will be in the event of divorce. Premarital Agreements are governed by the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31 et. seq. The agreement must be in writing and have a statement of assets attached to it. It becomes effective upon the marriage of the parties. The parties to a premarital agreement may negotiate about the following: