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McCurrie McCurrie
& McCurrie, L.L.C.

680 Kearny Avenue
Kearny, NJ 07032-3010
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Can the timing of a prenup impact property division rights?

A prenuptial agreement can be used in New Jersey to dictate exactly who gets what portion of a couple's wealth during the property division part of the divorce proceedings. For example, a prenup could indicate exactly who agrees to take the home, the car, or the wealth from before the marriage.

However, from time to time, couples look to get out of their prenuptial agreements, often because they want assets that they agreed not to take in those agreements. One reason that the agreement can be invalidated hinges on when the contract is signed.

Essentially, a judge may determine that an agreement should be tossed out if the couples signed it too close to the day that they got married. In fact, this is such a big issue that some lawyers will not work with couples to draft such an agreement if the wedding is coming up quickly. A short time-frame means that either party may not actually get to think about the full ramifications of the prenup, and he or she can then claim that the agreement never would have been signed with more time to consider it.

Additionally, spouses who are rushed into signing a prenup can argue that the pressure was too much, causing them to make a poor decision. Any type of pressure that is applied during the signing can be used as an excuse why the other party signed an agreement that they no long believe was fair and just, and the signature may cease to matter.

Whether you're drafting a prenup or asking for a divorce, make sure you know how the legal process works.

Source: NBC News, "How to Break a Prenup" RUSSELL GOLDMAN, accessed Mar. 03, 2015

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