New Jersey Postnuptial Agreements Lawyer
Few people enter a marriage with the notion that they may eventually get divorced. However, many circumstances can change without notice, a fact which is as true for marriages as much as any other aspect of life. When circumstances within a marriage change and no prenuptial agreement exists, or a prenuptial agreement exists that does not readily address current concerns, then a postnuptial agreement may be right for you and your family.
Postnuptial agreements can be tailored to suit a variety of needs in a marriage. If you are considering a postnuptial agreement, it is helpful to understand some of the basics that apply to them. A New Jersey postnuptial agreements lawyer could work with you to explain and explore your options when it comes to postnuptial agreements.
Postnuptial agreements are often used to protect assets in a marriage. Many times, divorcing partners negotiate a postnuptial agreement before or during the divorce process in order to make the final divorce settlement less costly and time-consuming.
Some couples also find the need to use postnuptial agreements when addressing inheritances or other significant financial changes. These agreements can help preserve unexpected assets for heirs, especially in the case of second or subsequent marriages.
In some situations, postnuptial agreements can provide an important framework for a married couple’s relationship. It is not uncommon to find issues of financial mismanagement or even substance abuse at the root of marital problems, and postnuptial agreements can establish clear expectations for each spouse in order for the marriage to work. In such cases, they may also help establish important aspects of the divorce should their partner fail to meet these established expectations.
As in most states, postnuptial agreements in New Jersey are generally held to the same standard as prenuptial agreements, which can be found in New Jersey Revised Statutes §§37-2-31 through 37-2-40. According to state law, premarital agreements are only enforceable if they are in writing, signed by both parties, and notarized. Both parties must also provide full disclosure of their assets to the other spouse and have access to independent legal counsel throughout the agreement process.
Ensuring a postnuptial agreement meets these requirements is an important part of a successful agreement, and it is often just as important to work with an attorney who understands the nuances of the law governing these types of agreements, as well as the negotiation process that goes into creating them. If an agreement is found to be in violation of the law, part or all of it may be deemed unenforceable, which can lead to negative consequences down the line. For more information about the requirements of a postnuptial agreement, reach out to a knowledgeable NJ postnuptial agreement attorney.
Limitations of Postnuptial Agreements
While prenuptial and postnuptial agreements can address a variety of important topics such as spousal support obligation and the division of assets, they do have important limitations.
For instance, postnuptial agreements cannot be used to modify state-mandated child support obligations. They can also not be used to put one party at a significant disadvantage or to enforce any terms that could be illegal. If a postnuptial agreement meets any of these criteria, the court can choose to override the agreement or declare it invalid.
A postnuptial agreement can serve a significant role in your marriage by setting clear expectations in preserving your marriage or facilitating its dissolution. Either way, there is often a great deal at stake when it comes to postnuptial agreements.
Working with an experienced NJ postnuptial agreements lawyer may help you feel more secure with asserting your rights and understanding the role a postnuptial agreement may play in your marriage. If you are considering a postnuptial agreement, a postnuptial agreements attorney in New Jersey could work to help you reach an agreement that recognizes your family’s rights and needs.