Did You Know
Divorce Resources - Maleski Eisenhut & Zielinski, LLC, Flemington NJ

Alimony - If you are receiving alimony, that right may terminate if you begin living with a new partner.

Prenuptial Agreements

Prenuptial Agreements, Reconciliation Agreements and Mid-Marriage Agreements

Prenuptial, reconciliation and mid-marriage agreements must meet specific requirements to be held enforceable. Therefore, if you are contemplating entering into one of the above agreements, you should consult with an attorney. Likewise, if you entered into one of the above agreements and are considering divorce, you should consult with an attorney to help you determine the effect of such an agreement on your finances.  The attorneys at Maleski Eisenhut & Zielinski, LLC are especially qualified to both draft and review prenuptial agreements, reconciliation agreements and mid-marriage agreements.

Prenuptial or Premarital Agreements

Before marriage, you can choose to agree on spousal support (alimony) and distribution of property in the event of a divorce. This is referred to as a prenuptial or premarital agreement. Under New Jersey law, a premarital agreement must comply with certain requirements and a certain exchange of information before the agreement is signed. To ensure the enforcement of the premarital agreement, both parties must comply with these requirements. Otherwise, the prenuptial agreement may be held unenforceable and therefore void.

Reconciliation agreements

Reconciliation agreements are entered into by married spouses during a substantial marital rift, possibly even after a complaint for divorce has been filed or the parties separate physically. These contracts entail agreements between spouses, generally as to finances and assets, which are made in exchange for the promise to resume marital relations. For a reconciliation agreement to be enforceable, the circumstances under which the agreement was entered must have been fair, the terms of the agreement must have been conscionable when the agreement was made, and other requirements must have been met.

Mid-Marriage Agreements

Mid-marriage agreements differ from reconciliation agreements in that they are entered into by married spouses before the marriage loses all of its vitality. In these situations, since an opportunity exists for one spouse to position him or herself in an advantageous bargaining position, New Jersey courts closely scrutinize such a contract.

Many of these agreements have specific requirements to be upheld in court. The attorneys at Maleski Eisenhut & Zielinski, LLC are able to draft these types of agreements.