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Can we include a will clause in our premarital agreement?

Can we include a will clause in our premarital agreement?

Full question:

My finance and I are interested in making a premarital agreement. What I wanna know is, can we add a clause relating to the making of wills in our premarital agreement ?

Category: Marriage
Subcategory: Premarital Agreements
Date: 04/07/2025
State: New Jersey

Answer:

Yes, you can include a clause about making a will in your premarital agreement. According to N.J. Stat. § 37:2-34, parties can contract regarding various aspects, including:

The rights and obligations concerning property owned by either or both parties.
The rights to manage and control property, including buying, selling, or leasing.
The disposition of property upon separation, divorce, death, or other events.
The modification or elimination of spousal support.
The making of a will, trust, or other arrangements to fulfill the agreement's provisions.
The ownership rights of life insurance death benefits.
The choice of law for interpreting the agreement.
Any other matters not violating public policy.

This flexibility allows you to ensure your wishes regarding wills are clearly outlined in your agreement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to include in a prenuptial agreement?

A prenuptial agreement should include provisions regarding property rights, spousal support, and the management of assets. It can specify how property will be divided in the event of divorce or death. Additionally, you may include clauses about making wills or trusts to ensure your wishes are honored. It's essential to discuss these topics openly with your partner and consider consulting a legal professional to ensure all necessary aspects are covered.

Which of the following is necessary to include in a premarital agreement?

A premarital agreement should include essential elements such as the identification of property owned by each party, how that property will be managed, and provisions for spousal support. While not legally required, including clauses about wills and trusts can clarify intentions regarding property disposition. Ensuring both parties fully understand and agree to the terms is also crucial for the agreement's validity.

What is a financial statement for a prenuptial agreement?

A financial statement for a prenuptial agreement is a detailed disclosure of each party's assets, liabilities, income, and expenses. This document provides transparency and helps both parties understand their financial situation before marriage. It is important for ensuring that both parties are making informed decisions about the terms of the agreement. Accurate financial statements can also strengthen the enforceability of the prenuptial agreement.

What is a financial arrangement before marriage?

A financial arrangement before marriage typically refers to agreements made by couples regarding their financial responsibilities and rights during the marriage. This can include a prenuptial agreement, which outlines how assets will be managed and divided, as well as provisions for spousal support. Such arrangements help clarify expectations and can protect both parties' interests in case of divorce or separation.

Which of the following is required for a valid prenuptial agreement?

For a prenuptial agreement to be valid, it generally must be in writing and signed by both parties. Each party should also provide a full financial disclosure to ensure transparency. Additionally, the agreement should be entered into voluntarily, without coercion, and should not be unconscionable or violate public policy. Consulting a legal professional can help ensure that all requirements are met.