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More couples consider prenuptial agreements

New Jersey residents may have read past information about marriage and prenuptial agreements. As times change and opinions evolve, prenups are becoming more popular.

One consideration in a prenup is separate property. Separate property is any real estate that a spouse owned before marriage. Whatever a person acquired while single remains theirs if the person gets divorced. A couple's opinions about prenuptial contracts may vary according to the circumstances of their life before they get married. For instance, people in their 20s who have never been married before may not think of a prenuptial agreement as romantic. Couples who plan to have children may fell the same way and might end up not making future financial plans based on logic rather than emotion. On the other hand, couples who had been married at least once and have bank accounts, houses, or children seem to favor a prenup.

No matter what stage a person is in when getting married, lawyers may be able to help the couple have a conversation that they often do not want to have. An attorney might, for instance, ask the soon-to-be spouses if they will have separate or joint back accounts. A legal representative may also assist the couple in making other arrangements. For instance, a couple might need to decide how long they should stay married before one of them would receive post-marital maintenance.

A divorce attorney might use mediation to help couples discuss all financial and family issues before they become complications within the marriage. In the process, a family law attorney might also help them decide how to handle arrangements for future children. The agreements made are usually based on both persons' wishes during consultations.

Source: The Huffington Post, "Prenuptial Agreements: The Ultimate Symbol of Love?", Justine Borer, August 22, 2014

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