You Proposed on Valentine’s Day, But Did You Also Ask For A Prenup?

Entering into a marriage is not all fun and games. Valentine’s Day just passed and you proposed to your now fiancé and they accepted.  Reality is starting to set in. You might have assets you wish to protect. You might have debts accumulated that your intended does not wish to be responsible for. Or you might be part of a family owned business, and your family wants to protect their own business in the event your marriage is unsuccessful.  At Shane and White, LLC, we suggest a serious evaluation of your current assets, a look at your financial plans in the marriage such as retirement plans and the purchasing of a home, and to consider speaking with a certified matrimonial attorney about a prenuptial agreement prior to getting married.

There are no rules, no set number of days before a marriage that a prenuptial agreement must be signed.  Many lawyers have different deadlines prior to the marriage ceremony from which point they will not draft, execute, or review a premarital agreement. It is important that you start planning well in advance so you have no issues with future enforceability.

Per the law in the statute of the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31, a prenuptial agreement:

  • must be in writing;
  • must be signed by the parties before the marriage;
  • must have an accounting of all assets and liabilities to the parties at the time of the agreement attached to it;
  • both parties must either have independent counsel or specifically waive, in writing, their right to have an independent attorney review the agreement; and
  • the prenup becomes effective upon the marriage of the parties.

To avoid challenges to the enforceability of the prenup, the attorneys at Shane and White, LLC recommend a prenuptial agreement be drafted, reviewed and signed as early as possible before the marriage.

An experienced, matrimonial attorney needs to review the details of your specific situation. Once you’ve had this consultation with your lawyer, they can then explain how to best protect your assets, or how you might be affected by signing a prenuptial agreement your fiancé presents you with. After you have all the facts you will have a better idea of how you can broach this sensitive topic with your fiancé. It is important to protect yourself in the event of a divorce. At Shane and White, LLC we are committed to your matrimonial and family law needs. Please contact our office at 732-819-9100 or via email at to set up a consultation today.

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The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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