I have considerable assets, stocks, bank accounts, annuity. fiance has her own home in another country. she is pregnant with our first child and i want to protect my assets (property) in the unlikely event of a divorce. she said she is not interested in what i own or have. this is our first child due in September. i am in my mid 50's she in her early 40's. what would you advise?
Everyone should have a will, and you in particular with your assets. Sounds like a prenup is in order, especially if you have previous children or others you want to include in your will.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
In addition, the Will provides for the naming of a guardian for the child in case either or both of you pass.
It is recommended that you consult with a family and estate planning attorney for consult and to prepare the documents.
New Jersey is an important state in which you have a Prenup, as the divorce structure is formulaic. A prenup can take the fight out of a divorce...decide alimony (maybe none), what happens to your current assets (perhaps you both keep what you came in with) what is to be done with the growth on your existing assets (perhaps you get the growth also?), how to divide up IRAs/401ks (tricky!) and what rights you have if you die. This is important, because if you would want to leave certain assets to your children (existing or future) it would be good to have in the prenup that some assets can pass even if your spouse survives you.
As to the will, New Jersey allows you to have a will "in anticipation" of marriage. Otherwise after the marriage certain presumptions are created. You can also have a "Contract To Will", which is kind of like a prenup.
So, you should look up an attorney who does Wills and Prenups (most of us that focus on will also do prenups).
A prenuptial agreement is a highly customizable document that can be tailored to meet your specific needs and concerns based upon your unique circumstances. You should consult with an experienced matrimonial attorney as soon as possible about drafting a prenuptial agreement that will meet your individual needs and protect your assets in the event of a divorce.
Additionally, below are links to articles and information that may assist you with your case.
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
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