Monmouth County Postnuptial Agreements Lawyer
While a postnuptial agreement covers many topics that are similar to prenuptial agreements, a couple can enter into a postnuptial contract after their marriage rather than before it. By drafting this agreement, two people can disclose the property they own separately and establish their rights and responsibilities should they divorce.
A marital agreements attorney at Moskowitz Law Group can help you create a legally enforceable contract that protects your rights in the event of divorce. Schedule a consultation with a qualified Monmouth County postnuptial agreements lawyer to learn more.
What Do Postnuptial Agreements Cover?
A postnuptial agreement includes guidelines for the division of marital property, financial obligations, and the type of proceedings a couple will use in the event of a divorce. Some topics a postnuptial agreement may cover include:
- Separately owned and marital property
- Responsibility for premarital and post-marital debt
- Spousal support payments
- Division of business assets
- Protecting retirement accounts and other accounts in one party’s name
The family court will enforce postnuptial agreements that are fair to both parties and that both spouses enter into voluntarily without coercion. A Monmouth County postnuptial agreements attorney can help draft or review a document to ensure it protects an individual’s rights and interests.
Requirements for Postnuptial Agreements
New Jersey lawmakers signed the latest version of The Uniform Premarital Agreement Act in 1988, which provides the guidelines for drafting and validating marital contracts. The basic legal requirements for a postnuptial agreement are essentially the same as those for a prenuptial agreement. The guidelines for valid marital agreements are as follows:
- Both individuals executed the agreement voluntarily
- Both individuals provided fair and full disclosure of their earnings, property, and outstanding financial obligations
- The agreement is fair, not overly one-sided, and is not a product of fraud or overreaching
- Both individuals had access to consult with independent counsel before signing the contract and did not involuntarily waive the right to counsel
In addition, a postnuptial agreement must be in writing and signed by both parties. Courts will not consider oral agreements legally enforceable. Once the agreement has been signed and notarized, it is legally valid so long as it meets the above requirements. However, its terms will not take effect until the spouses pursue a divorce. That said, a postnuptial agreement can in certain aspects govern how the couple will conduct themselves financially during the marriage.
If the family court determines a postnuptial agreement does not meet the requirements and is unfair and too one-sided, the court has the authority to find the agreement invalid and unenforceable. Although meeting with an attorney is not mandatory, it is very strongly encouraged before entering into any marital agreement to ensure it meets all legal requirements. In fact, a family law attorney doing a postnuptial agreement consultation will advise that the potential client tell their spouse to obtain their own lawyer to avoid claims that their spouse did not know what they were agreeing to. A family law attorney can help a Monmouth County spouse review their goals and legal options to determine if drafting a postnuptial agreement is the best step to take.
Call a Seasoned Postnuptial Agreements Attorney in Monmouth County
Postnuptial agreements are not a precursor for divorce that show a lack of trust in your partner. The purpose of these contracts is to protect yourself and your spouse in the event that something unexpected should occur. While divorce is not something most married couples wish to think about, entering into these contracts can provide many protections for both parties down the road.
A knowledgeable Monmouth County postnuptial agreements lawyer can explain the benefits of this type of contract and tailor an agreement to meet your needs. Schedule a free consultation with a family law attorney at Moskowitz Law Group today.