Hudson County Postnuptial Agreement Lawyer
The prenuptial agreement is a well-known means of governing the division of property if a marriage ends in divorce. A lesser-known yet also useful tool is the postnuptial agreement, which addresses the same issues but is signed after the two involved parties are married.
A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, that determines what will happen to the couple’s assets in the event of a separation or divorce. Such agreements could be complicated, and if they are not written exactly right, they might not be enforceable at all.
Getting careful and thorough legal advice from a Hudson County postnuptial agreement lawyer is often crucial to formulating this kind of marital agreement. A well-practiced marital agreements attorney familiar with how these agreements function could provide the legal assistance and advice you need.
Understanding the Rules
After forgoing the chance to sign a prenuptial agreement, a couple might decide to form a postnuptial agreement after their marriage begins for a multitude of reasons. In certain cases, one spouse’s behavior during the marriage might prompt the other spouse to ask for a postnuptial agreement. In other cases, changes in the parties’ status or property arrangement may justify a reevaluation of their situation.
As a knowledgeable attorney could explain, postnuptial agreements typically fall into one of three categories:
- Agreements that assign marital property at the time of death of one spouse, which typically have the surviving spouse waiving any rights to the property they would have had the right to inherit under a will
- Agreements that are really separation agreements entered into to avoid the time and cost of divorce proceedings, which address the disposition of property, other marital assets, custody, alimony and support, and which are usually incorporated into the final divorce decree
- Agreements that govern rights in a future divorce, usually limiting or waiving alimony or support and the division of marital property, including property obtained before the marriage
A postnuptial agreement is enforceable in court if it is written, signed by both parties, and equitable to both parties. Neither spouse may threaten, deceive, or coerce the other during the drafting or signing process, and both spouses must disclose all relevant information about their assets, income, and debts. A Hudson County attorney could help ensure these postnuptial agreement requirements are all met.
While prenuptial and postnuptial agreements cover similar issues, they are not always equally valid and protective. A prenuptial agreement is potentially the strongest possible agreement, as the courts prefer a statement of assets and intentions that is drawn up before the union, not after.
While a postnuptial agreement is better than no agreement at all, many individuals are under the misconception that they are equally “covered” by a postnuptial as they would be with a prenuptial agreement. Rather than presuming a postnuptial agreement’s validity, though, a court may demand evidence that it was not signed under pressure, which is where representation from a Hudson County postnuptial agreement lawyer could prove particularly helpful.
How a Hudson County Postnuptial Agreement Attorney Could Help
If the opportunity for a prenuptial agreement has already passed, a postnuptial agreement can still be useful, provided all related legal issues are handled correctly. This is where the quality of your legal representation usually makes a big difference. If you are thinking about pursuing this kind of marital agreement, contact a Hudson County postnuptial agreement lawyer today to set up a consultation and start exploring your legal options.