NOTE: Our law firm does not handle postnuptial agreements. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
Are you considering a postnuptial agreement in Monmouth County, New Jersey? These agreements can be a great way for couples to address common (but potentially costly) legal issues if they get divorced. Often, couples seek postnups when their pre-marriage financial situation does not require an agreement but their earnings and assets during the marriage now warrant one.
These agreements can help spouses gain peace of mind by resolving issues like property division and spousal support in the event of a divorce. In other words, the couple gets to decide how property and other issues will be treated after a separation — not a court or judge.
What Is a Postnuptial Agreement in New Jersey?
Postnuptial agreements are similar to prenups, except they’re executed once the couple is married or in a civil union. They can address the same topics as prenups and provide protection for each spouse or partner.
A post-nup in New Jersey can resolve the following issues if a couple decides to get divorced:
- Each party’s legal rights regarding marital and separate property (e.g., how debts and liabilities will be handled)
- Property division, including how property and assets will be divided upon divorce
- Alimony/spousal support
- Many other issues
Property division is presumably the most common term at issue in a postnuptial agreement.
Why Do Couples Need Postmarital Agreements in Monmouth County?
Couples who seek a postnuptial agreement may have many reasons for the arrangement. Here are a few potential reasons:
- The parties didn’t want a prenup but changed their mind
- A party opens a business and wants to avoid confusion regarding company assets and liabilities
- The couple acquires new property and wants to outline how it will be divided upon divorce
- The spouses are experiencing troubles in the marriage and wish to address things like alimony
- A party wants to use proceeds from an inheritance or gift to purchase marital property
- The couple wants to modify or amend an existing marital agreement.
Whether you simply had a change of heart or there’s been a change in circumstances, a postnup could be a good option for you and your spouse or civil partner.
Is There Anything That Would Make a Postnup Unenforceable in NJ?
A postnuptial agreement is a type of contract. Therefore, it enjoys the strongest presumption of validity if both parties went into the agreement willfully and with an adequate understanding of the terms.
However, a postnuptial agreement might be considered invalid if:
- The agreement wasn’t executed properly
- A party wasn’t represented by independent legal counsel
- A party hid assets or misrepresented the value of their property
- A party was coerced into signing the document
- A party didn’t have the capacity to consent to the agreement
- The agreement violates public policy
An experienced Monmouth County postnuptial agreement lawyer can help you determine whether an existing postnup agreement is invalid.
How an Attorney Can Help With a Postnuptial Agreement?
Postnuptial agreements may sound simple enough. But you need an attorney who understands the rules and contract principles that govern these sorts of agreements if you want it done right. Otherwise, you might find yourself in a situation where your agreement is invalid or unenforceable.
A postnuptial agreements attorneys can help with the following:
- Facilitate constructive conversations between you and your spouse to identify goals and potential pain points
- Work to reach an agreement that preserves marital harmony and gives you peace of mind about your property and assets if you divorce
- Ensure that you and your spouse understand the terms of the agreement and how they will apply
- Draft an enforceable agreement that complies with state law
Many postnuptial agreements offers also offer free consultations to help you understand your rights and options during the process.
Contact a Monmouth County Postnuptial Agreement Lawyer for Help
If you’re considering a postmarital agreement in Monmouth County, you should contact an experienced New Jersey family lawyer for help understanding your options. A postnup can be a valuable tool for helping a couple resolve potential legal issues in the event of a divorce.
Our divorce law firm in Monmouth County, NJ also provides:
- Mediation Attorney in Monmouth County, NJ
- Monmouth County Child Relocation Lawyers
- Judgment Modifications Lawyer in Monmouth County, NJ
- Prenuptial Agreements Lawyers in Monmouth County, NJ
- Domestic Violence Attorneys in Monmouth County, NJ
- Monmouth County Modifications of Order Lawyer
- Division of Assets Attorney in Monmouth County, NJ
- High Asset Divorce Lawyer in Monmouth County, NJ
- Paternity Lawyer in Monmouth County, NJ