Hackensack Postnuptial Agreements Lawyer
Postnuptial agreements are an increasingly popular vehicle in marriages and achieve several objectives ranging from protecting assets obtained during a marriage to determining how a couple may divide assets in case of divorce.
A postnuptial agreement shares many similar characteristics with the more well-known prenuptial agreement and working with a Hackensack postnuptial agreement lawyer could help you explore whether a postnuptial agreement is the right move for you and your family. Schedule a consultation with an experienced family lawyer today.
Role of Postnuptial Agreements
As with many marital agreements, there are many roles a postnuptial agreement can play. Its specific purpose depends on the unique circumstances of a marriage and the couple’s objective for considering one.
Often, people create postnuptial agreements in contemplation of divorce. That means that couples considering divorce or that have amicably agreed on divorce may want to create a postnuptial agreement to make the negotiation process over a divorce settlement a little easier. In these circumstances, postnuptial agreements can help determine how they will divide assets and approach other important considerations like child custody and alimony.
Other times, problems may arise in a marriage. One spouse may commit an indiscretion or there may be issues with substance abuse or financial mismanagement. A postnuptial agreement can help couples establish terms by which they will abide to make a marriage stronger and may include provisions for divorce if one spouse breaches the agreement.
In other circumstances, one spouse may be looking at an important inheritance that hinges on them taking steps to secure such assets in case of divorce to protect the assets for that spouse and their beneficiaries. A postnuptial agreement can specify that both parties to it understand the property in question does not qualify as marital property or they will split it according to the terms of the agreement in case of divorce.
Important Requirements For a Hackensack Postnuptial Agreement
Postnuptial agreements share a lot in common with prenuptial agreements, which are in New Jersey Revised Statutes Title 32 Section 2-31. To meet basic legal requirements a postnuptial agreement must be in writing, signed by both parties, and notarized.
Both parties to a postnuptial agreement must make a full financial disclosure of all assets and debt and they must each have access to independent counsel to advise them on the various aspects within the agreement. Failure to comply with these provisions may invalidate important parts of the postnuptial agreement or even the entire agreement. That can have a significant impact on the outcome of any potential divorce settlement. A Hackensack postnuptial agreements lawyer could help ensure that the agreement has reached the legal requirements.
Let a Hackensack Postnuptial Agreements Attorney Be an Advocate
As with premarital agreements, postnuptial agreements are important legal contracts that must comply with the law. It is important that each party have representation from an attorney who can advocate for and protect their rights. It is also important to work with an attorney to avoid claims of coercion or undue influence should the need to use a postnuptial agreement as part of the divorce process arise.
Working with an experienced marital agreements lawyer who understands the nuances and various roles of postnuptial agreements can be an important step in your marriage.
If you are considering a postnuptial agreement or want to find out more about whether such an agreement has a place in your marriage, contact an experienced Hackensack postnuptial agreement lawyer to start exploring these agreements today.