Legal Question in Family Law in New Jersey
Prenuptial (Premarital) Agreements
How does an online Prenuptial (Premarital) Agreement become a legal document? I live in NJ and my fiance lives in Florida. She will be moving to NJ once we are married. Do we both need one from the state of NJ or does she need one from Florida because the Prenuptial Agreements will be done while she is in Florida?
2 Answers from Attorneys
Re: Prenuptial (Premarital) Agreements
You need one prenuptial agreement prepared eitherr in New Jersey or Florida. The principles of contract law do not vary from state to state. You need ONE agreement, not two. Two agreements would cause confusion.
The agreement's purpose is to protect property interests in the event of a divorce. A divorce might take place in a third state.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Prenuptial (Premarital) Agreements
Perhaps, each of you could have an attorney who practices in the state that each of you is currently living in. If there are any local variations in the law relating to a premarital agreement each could deal with the local variation. For the agreement to be enforceable in any state it must comply with requirements of fairness in each state, which should be more or less the same.
One lawyer could prepare a draft and send it to the other attorney, perhaps by email and work on hammering out an agreement. Also a premarital agreement is more likely to be enforced if each party has the advice and assistance of counsel.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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