PRENUPTIAL AGREEMENT

PRENUPTIAL AGREEMENTS

Comprehensive legal drafting and advice for prenuptial agreements, covering asset protection, financial arrangements, property division, and marital rights, tailored to secure your future before marriage.

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New Jersey Prenuptial Agreement Attorneys

Are You Seeking a Prenuptial Agreement in NJ?

The decision to enter into a prenuptial agreement can be a crucial part of planning for a marriage. Typically, both partners want to ensure their financial security and clarify their financial rights and responsibilities before marriage. While deciding on the distribution of current assets can be straightforward, forecasting and agreeing on future financial arrangements requires careful consideration and legal expertise.


When your future marital stability is at stake, you need to be confident that you are taking every step to secure a fair and equitable agreement.


By working with a New Jersey prenuptial agreement lawyer from Konzelmann Law, you can rest assured that you will have a knowledgeable, experienced, and proactive advocate on your side. For decades, numerous couples throughout New Jersey have found guidance and peace of mind.

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Prenuptial Agreements

> Adoption

> Asset Protection

> Financial Disclosure

> Marital Debt

> Spousal Support

> Business Interests

> Separate vs Marital Property

> Alimony Provisions

> Retirement Benefits

> Inheritance Rights

> Legal Enforcement

> Divorce Planning

> Same Sex Marriage

> What is a Prenup?

Do you need help regarding a Prenuptial Agreement in NJ? Get in touch with a NJ prenup attorney at

Konzelmann Law to learn more about your rights and legal options.

How Does a Prenuptial Agreement Protect You?


To better suit the unique financial situations and agreements of each couple, prenuptial agreements can include a variety of provisions. In New Jersey, these can be broadly categorized into two types: "Property Division" and "Financial Responsibilities." Property Division provisions determine which assets and property are to be considered separate (owned individually by one spouse) and which are considered marital property. Financial Responsibilities provisions cover aspects such as debt liability, spousal support, and financial obligations during and potentially after the marriage. Within each of these categories, provisions can be tailored specifically to the couple’s needs:

Separate Property: Designates specific assets that remain with the original owner, ensuring they revert to that individual if the marriage dissolves.

Marital Property: Establishes which assets are acquired during the marriage and subject to division upon divorce.

Spousal Support: Outlines agreements regarding maintenance payments from one spouse to another during and possibly after the marriage.

Debt Responsibility: Defines who is responsible for debts incurred before and during the marriage.

Do Prenups Reduce The Chances Of Divorce?


For couples preparing to marry, a prenuptial agreement might seem like a step towards skepticism about the future. However, evidence suggests that having a prenup can actually reduce the likelihood of divorce. By establishing clear agreements about financial matters and property division before marriage, a prenup helps prevent disputes that could arise later. Whether you are entering your first marriage or have prior experience, the clarity provided by a prenuptial agreement can safeguard your individual interests and foster a stronger mutual understanding. For second and subsequent marriage, a prenuptial agreement can protect your children from a prior marriage as well as the assets you received in a prior divorce.


Additionally, prenups can address more than just financial issues—they can include clauses about responsibilities during the marriage, expectations, and even details like dispute resolution methods. These provisions ensure that both parties have a clear understanding of the terms of their partnership.


While many couples never have to enforce their prenup, knowing it is there can provide a sense of security. If disputes do arise, having a prenup can simplify the process, making resolutions quicker and less stressful. At this pivotal time, having an attorney experienced in matrimonial law, like those at Konzelmann Law, is crucial to ensure that your prenuptial agreement is thorough and legally sound.

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The Value Of Prenuptial Agreements

Prenups, or "premarital planning tools," are designed to clarify financial expectations and responsibilities in a marriage, promoting transparency and mutual understanding.


When couples choose to enter into a prenuptial agreement, it serves as a proactive measure to safeguard their future. These agreements are crafted to prevent misunderstandings and disputes by clearly outlining each person's financial rights and responsibilities before marriage.


This careful planning helps ensure that both parties are aware of and agree to the terms, which can prevent disputes and simplify any legal proceedings should the marriage end. Courts generally enforce prenuptial agreements if they meet legal standards of fairness and full disclosure, supporting a stable and predictable resolution of issues.

Is A Prenuptial Agreement Bulletproof?



If you and your partner are aiming for a straightforward marriage process, you will both need to agree on the terms of your prenuptial agreement. If you do not agree, this can lead to complications down the line, potentially requiring legal intervention. Relying on a court to decide on the terms of a prenuptial agreement can be uncertain, as you might not secure the provisions you believe are essential.


Much like how "bulletproof" vests cannot guarantee absolute protection, no prenuptial agreement is entirely immune to challenges or being overturned. Courts can set aside a prenup if it is challenged and found to be unfair, coerced, or lacking in proper disclosure. Thus, it is crucial to ensure that a prenup is drafted with clear, fair terms and in full compliance with legal standards to stand the best chance of being upheld.

If you need help understanding the best course of action regarding prenuptial agreements in your particular situation, we encourage you to speak with a New Jersey prenup attorney 

at Konzelmann Law as soon as possible. Call 201.771.6868

We Protect Your Marital Rights


Here at Konzelmann Law, our legal team has provided couples throughout New Jersey with the effective legal representation that they need during any matter related to prenuptial agreements, marital assets, and divorce planning.


We are able to provide the highest standard of representation due to our extensive experience in drafting and negotiating over hundreds of prenuptial agreements over the last two decades. Protect your future—let us help you!

Prenuptial Agreement FAQs


Why would anyone want a prenup?


A prenup provides clarity on financial matters such as income, spousal support, and asset distribution, offering peace of mind and protecting both parties from unexpected financial disputes in case of divorce.


Can you protect yourself without a prenup?


While keeping property and accounts separate can offer some protection, a prenup offers a more comprehensive and legally recognized way to manage and protect individual and joint assets in marriage.


Should I be offended if my partner wants a prenup?


Although it's common to feel uncertain about prenups, they are not a sign of distrust but a proactive approach to ensure financial clarity and security in marriage, fostering a stronger, more honest relationship.


Do marriages with prenups last longer?


The presence of a prenup itself doesn't necessarily extend a marriage's duration; instead, the key is how both partners perceive and utilize the prenup to support their marital relationship.


If you have more questions or would like to discuss your case with a knowledgeable New Jersey prenuptial agreement attorney, you should not hesitate to contact one our attorneys at Konzelmann Law.


See What Our Clients Are Saying...

Joan Thompson, Edgewater, NJ


Danielle Konzelmann has been my attorney for the past 3 years and I could not have managed without him.  She fought and ultimately won my child custody case for which I will be forever grateful.  Danielle always responds promptly to all of my questions/requests...no matter how big or small.  I was extremely lucky to find wise counsel as well as someone to keep me grounded during some of the hardest times of my life.  Thank you so much!


- Joan Thompson

John Marks, Fort Lee, NJ


I went through a difficult and challenging divorce. Danielle was very helpful from the first meeting and walked me through this stressful time.


Danielle and her team managed to settle my case in a way that I never believed would be possible. I share joint custody with my son's mother and I couldn't be happier and more grateful for this result!


- John Marks

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Call our office at (201) 771-6868 or fill out the form for a call back. Our lawyers are ready to discuss your case in full detail and confidence

Learn More About Divorce and Family Law in Our Library

This is a one of a kind annotated resource of information for lawyers, couples and families as well as anyone looking to see what’s going on in our justice system with Divorce and Family law cases. 

  • Who Can File For Divorce in NJ?

    Either the husband or the wife can file for divorce.  Grounds for divorce are no longer necessary to obtain a divorce in New York.  Either party can allege that there has been an irretrievable breakdown in the marriage.  A divorce may be filed in New York as long as the parties have been living in New York for at least one year.

  • How Does an Uncontested Divorce Work?

     An uncontested divorce just means that all of the issues (financial, child custody, child support, division of property) have been decided and all that needs to be done is file the appropriate paperwork to obtain a judgment of divorce.  In most cases, before filing the uncontested papers, you should also have a legally binding Stipulation of Settlement drafted and signed.

  • How is child support decided in New Jersey?

    Child support is generally determined by a formula set forth in the law, called the Child Support Standards Act.  The formula requires the non-custodial spouse (the parent who does not have residential custody of the children) to pay a percentage of his/her income (less FICA withholdings) to the custodial spouse.  The percentage varies depending on the number of children: one child 17%, two children 25%, three children 29%.   If the parties' combined income exceeds a certain threshold, child support may or may not be awarded on the income above the threshold.  Also, the parties can voluntarily agree to an amount of child support different from that calculated by the formula. 

  • What is permanent spousal support or alimony?

    There is a legally mandated formula for calculating spousal support (alimony).  Generally speaking, the formula works such that the greater the difference between the parties’ income, the greater the amount of support that will be mandated.  The formula is gender neutral, so if the wife earns more than the husband, she may, in fact, be ordered to pay support to the husband.  There are fifteen (15) discretionary factors, however, which allow the judge to deviate, awarding an amount different than the formula would otherwise require.

  • How is property divided in a New Jersey Divorce?

    New York is an “equitable distribution” state, meaning the judge has the discretion to divide the parties’ property fairly, not necessarily equally.  Most marital property, however, is divided equally in most situations.  The main exceptions are separate property that was either owned prior to the marriage or inherited during the marriage, and small businesses, whether started before or during the marriage.

  • What am I entitled to in a divorce in NJ?

    You are entitled to a fair (not necessarily equal) division of the marital property; reasonable time with the children, whether as the custodial parent or non-custodial parent; child support for the custodial parent; and spousal maintenance for the lower earning spouse.  The most important point, however, is that there is more than one way to decide a case, so having the right representation is crucial. 

  • What does a prenuptial agreement cover?

     A prenuptial agreement can cover more or less ground, depending on your needs.  The simplest prenuptial agreement just addresses one issue, such as keeping a premarital business separate in the event of a divorce.  But the prenuptial can cover how the bills will get paid, whether or not separate accounts will be kept, or what to do if the parties purchase real estate or make investments.

  • What happens if you don't pay child support in New Jersey?

    Child support can be enforced several different ways.  The payor's salary can be garnished to pay support as well as accumulated arrears (back-due support).  A court can enter a money judgment which can be enforced against a bank account or other assets in the payor's name.  A court can suspend the payor's driver's license or other professional license or certification.  Finally, under certain circumstances, a court can find the payor in contempt and sentence the payor to jail unless he pays a certain amount by a set date.

Danielle Konzelmann is a sought-after New Jersey Family Law and Divorce attorney with over 20 years of experience helping New Jersey resolve their marital differences, gain custody of their kids and move on with their life.


Give yourself the best option, Call Us Today!     

201-771-6868


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