A prenuptial agreement is an agreement that two people enter into prior to marriage to allocate which assets belong to each person in the event of a divorce. The drafting of a prenuptial agreement is not something to be taken lightly and the rules for filing one can vary from state to state, although the general process of filing one is much the same for every state. If you want to file a prenuptial agreement in New Jersey, then you need to know the New Jersey laws about what is and is not permitted to be in a prenuptial agreement for that state.
Things You’ll Need
Attorneys
Notary public
Step 1
Speak with your fiancé and be sure that she is agreeable to filing a prenuptial agreement. Discuss the assets that each of you would like to see in the prenuptial agreement.
Step 2
Obtain an attorney for each of you so that you each have legal counsel. Schedule a time for both fiancés and attorneys to meet and present your ideas to the attorneys. They may make suggestions about altering your agreement.
Step 3
Have the attorneys draft your prenuptial agreement once you have both agreed upon the terms of the agreement. Have the final draft notarized by a notary public. This must be done for the document to be legal and valid. Each fiancé should obtain a copy of the document.
Step 4
Keep the prenuptial agreement in a fireproof safe and in two or more locations to ensure that it is protected.
Tips
Making a list of the assets you want to allocate to each person before seeing an attorney can speed up the prenuptial agreement drafting process.
A prenuptial agreement only needs to be filed through the court if divorce proceedings occur.
Warnings
A New Jersey prenuptial agreement cannot address the custody of any children that the couple may have.