Most people are familiar with prenuptial agreements—contracts couples enter into before marriage to establish how certain matters, like property division or spousal support, will be handled in the event of a divorce. Once the couple marries, the agreement becomes legally enforceable.
Postnuptial agreements serve a similar purpose but are executed after the couple is already married. These agreements become legally valid as of the date both spouses sign them.
If properly drafted and executed in accordance with New Jersey law, a postnuptial agreement is fully enforceable in court. This means that if one spouse later tries to contest or alter the terms during divorce proceedings, the court can uphold the original agreement, provided it was entered into voluntarily, fairly, and with full disclosure.
Postnuptial Agreements Are Contracts
A postnuptial agreement is a legally binding contract made between spouses after they are already married, similar in purpose to a prenuptial agreement. If validly executed, a New Jersey court can enforce the terms of a postnuptial agreement during a divorce or separation.
To be considered valid and enforceable in New Jersey, a postnuptial agreement must meet the following criteria:
- It must be in writing
- Both spouses must enter into the agreement voluntarily, without coercion, fraud, or duress
- The terms must be fair and reasonable at the time the agreement is signed
- There must be full and fair financial disclosure by both parties before signing
- The agreement should be notarized or otherwise executed in accordance with formal requirements
New Jersey courts review postnuptial agreements with particular scrutiny because the spouses owe each other a fiduciary duty. This means the court will closely examine the agreement for fairness and transparency. Any evidence of misrepresentation, concealment of assets, or pressure to sign can render the agreement unenforceable.
What Can Be Included in a Postnuptial Agreement in New Jersey?
Spouses in New Jersey may choose to enter into a postnuptial agreement after marriage to clarify financial rights and responsibilities in the event of a divorce or separation. These agreements are legally binding if executed properly and can cover a wide range of topics, as long as they do not violate public policy.
Common provisions in a New Jersey postnuptial agreement may include:
- Property division, including how specific assets are classified as marital or separate property
- Spousal support or alimony, including whether it will be paid and under what terms
- Rights related to inheritance and estate planning, such as waiving elective share rights
- Control and management of property, including each spouse’s right to buy, sell, use, or transfer assets
- Designation of beneficiaries for life insurance policies or other financial instruments
- Division of debts, including responsibility for credit cards, loans, and other obligations
- Choice of law or jurisdiction, specifying which state’s laws will govern the agreement
- Financial responsibilities, such as how the spouses will manage joint expenses, bank accounts, or investments
- Other provisions, so long as they are lawful and do not undermine public policy
However, postnuptial agreements cannot include terms related to child custody or child support. New Jersey courts prioritize the best interests of the child, and any agreement that limits or impairs a child’s rights—either now or in the future—will not be enforceable.
Protecting Your Future With a Valid Postnuptial Agreement
Postnuptial agreements can be powerful tools for married couples looking to clarify financial expectations, safeguard individual assets, or establish terms in case of divorce. In New Jersey, these agreements are enforceable when they meet strict legal standards of fairness, transparency, and voluntary consent.
However, they can be invalidated if tainted by fraud, coercion, or other legal deficiencies. If you’re considering a postnuptial agreement—or need to challenge one—it’s wise to consult an experienced family law attorney. With proper guidance, you can ensure your agreement is legally sound and aligned with your long-term interests.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
