Maywood, NJ asked in Family Law for New Jersey

Q: Do you have to disclose your debts when doing a prenup?

I have debt, planning on getting married. I will make sure any prior debts and debts acquired after marriage stay separate.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: If you are the person seeking to put in place a prenuptial agreement, then you must make full disclosure of all assets and all debts.

If you are the person against whom a prenuptial agreement is being presented, in the agreement, there is also an obligation for disclosure of your assets and debts (usually requiring you to set forth the details in a schedule to be attached to the agreement). If you don't make the disclosure and later your spouse discovers same, rest assured that it will not play out well with him / her feeling deceived. Not a great way to start a marriage.

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