Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge
Badge - New Jersey's Best Lawyers For Families 2018
Badge - Rated by Super Lawyers
Badge - AV Preeminent Victor A. Rotolo
Badge - Client Champion Gold 2020
Badge - Hunterdon County Chamber of Commerce
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

February 2023 - Do You Need a Lawyer for a Prenuptial Agreement?

Prenuptial agreement A prenuptial agreement is a contract entered into prior to marriage detailing how a couple wants their assets and liabilities to be split should their marriage end in divorce. This agreement is only valid if both parties agree to its terms.

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:

  • Separate and marital property should be clearly identified; a financial disclosure statement from each party identifying all assets and debts should accompany these contracts
  • Provisions for dividing debts can be included
  • So can provisions relating to spousal support
  • Provisions relating to child custody, visitation or child support cannot be included
  • Clauses relating to specific tasks required of either spouse should be avoided
  • All clauses in a prenup are subject to review by a judge

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.

What Our Clients are Saying
★★★★★

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn
★★★★★

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt
★★★★★

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya
★★★★★

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill
★★★★★

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie