Prenuptial Agreements

YOUR FAMILY'S FUTURE MATTERS!

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Secure Your Future Together

Prenuptial Agreements

Planning for your future together includes planning for the unexpected. While no one enters a marriage expecting it to end, a prenuptial agreement (or “prenup”) is a smart, proactive way to protect your rights, outline financial expectations, and create peace of mind for both partners.

At Hand & Toker, LLC, we help couples across New Jersey create clear, legally sound prenuptial agreements tailored to their unique situations.  It doesn’t matter if you’re getting married for the first time, bringing children into a new relationship, or simply want to protect assets you’ve worked hard to build; we’re here to guide you through the process with sensitivity and experience.

Why Us?

You can trust our team at Hand & Toker to advocate passionately for your family’s best interests with expertise and care.

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What Is a Prenuptial Agreement?

A prenuptial agreement is a legal contract that two people sign before getting married. It lays out how financial matters will be handled during the marriage and in the event of divorce, separation, or even death. In New Jersey, prenups are recognized under the Uniform Premarital and Pre-Civil Union Agreement Act, and they’re enforceable as long as they meet certain legal standards.

Some of the most common things a prenup can address include:

  • Division of property and assets acquired before or during the marriage
  • Protection of family businesses, inheritances, or significant investments
  • Responsibility for individual debts
  • Alimony or spousal support terms
  • Ownership of specific items like homes, vehicles, or retirement accounts

It’s important to note that prenuptial agreements cannot determine child custody or child support. Those issues are always decided based on the best interests of the child at the time of separation.

Who Should Consider a Prenup?

Prenuptial agreements are no longer just for celebrities or the ultra-wealthy. They’ve become increasingly common for couples of all backgrounds who want to enter marriage with clarity and mutual understanding.

You may want to consider a prenup if:

  • You own a business or professional practice
  • You or your partner have significant assets or debts
  • You’ve been married before and want to protect children from a prior relationship
  • One of you is expecting a large inheritance
  • You want to keep certain property separate
  • You simply want to avoid future disputes by planning ahead

Far from being unromantic, prenups can actually strengthen a relationship by opening up honest conversations about finances, expectations, and values.

How the Process Works

At Hand & Toker, we work with clients on both sides of the prenup—those who are creating one, and those who are being asked to sign.

We’ll begin by getting a full understanding of your goals, assets, and concerns. From there, we’ll draft a customized agreement that’s legally sound and clearly written. Each party must voluntarily sign the agreement with full financial disclosure, and both should have the opportunity to consult their own attorney.

To be enforceable in New Jersey, a prenuptial agreement must meet certain conditions:

  • It must be in writing and signed by both parties
  • Both parties must fully disclose their income, assets, and debts
  • The agreement must be entered into voluntarily and without pressure
  • Each party should have the chance to consult separate legal counsel
  • The terms must not be “unconscionable” or shockingly unfair at the time of signing

We make sure all of these boxes are checked, so your prenup holds up if it’s ever needed in the future.

It’s Never Too Early to Plan Ahead

Ideally, prenuptial agreements should be discussed and drafted well in advance of the wedding. Waiting until the last minute can create legal risks and emotional tension. The earlier you start the process, the more thoughtful and cooperative it can be.

And if you’re already married, you’re not out of options; a similar agreement, called a postnuptial agreement, can still be created after the wedding.

Protect Your Future With Confidence

Marriage is built on trust, and that includes trusting each other to plan responsibly. A prenuptial agreement doesn’t mean you expect the worst. It means you’re preparing for all possibilities with mutual respect and open communication.

If you’re considering a prenup in New Jersey, contact Hand & Toker, LLC today. We’ll help you navigate the legal side with care, discretion, and a focus on protecting both your future and your peace of mind.

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