Benefits of a Postnuptial Agreement in New Jersey
A postnuptial agreement may safeguard a spouse in the event of a divorce because they have already negotiated what should occur in the dissolution of the marriage. If the postnuptial contract is drafted the right way, it should be enforceable by the court. Peace of mind for the protection of your assets is just one of the benefits of a postnuptial agreement in New Jersey. If you believe that you need a postnuptial agreement whether it is to protect significant assets or to guarantee the rights of your children from a prior marriage, you should schedule a consultation with a seasoned family lawyer. A dedicated postnuptial agreements attorney could clarify which rights and assets you should protect in an agreement and facilitate negotiations with your spouse.
Knowing When to Start Working on a Postnuptial Agreement
Common scenarios that necessitate a postnuptial agreement include couples fighting and not getting along as they did at the beginning of the marriage. Often, one party will file for divorce, but the other party feels that there was not enough of a good faith effort to improve the conditions of the marriage. In these cases, a postnuptial agreement could lay out a marital improvement plan with conditions to be met and potential requirements for marriage counseling.
One of the most common keys to needing a postnuptial agreement is if there is any time of reconciliation or resumption of cohabitation after a separation, temporarily living apart, or divorce proceedings have been filed. In this case, it would be worthwhile to pursue the option of a mid-marriage or postnuptial agreement.
Unique Aspects of Post-Marriage Contracts
A postnuptial agreement must meet certain criteria, just like a prenuptial contract. However, mid-marriage contracts may be more difficult to create. An agreement made when a marriage is falling apart is based on the contingency that the marriage continues. Prenuptial contracts usually focus on what a couple should do and how property will be split in the event of a divorce, whereas postnuptial agreements are often made to prevent a divorce.
A postnuptial agreement may also be used to resolve property issues, spousal maintenance issues, custodial rights, and visitation. With full disclosure of each party’s income and desires, an equitable agreement may be reached regarding financial issues. However, it is important to know that anything relating to children is subject to change at a judge’s discretion and will be governed by the best interest of the children.
Contact a New Jersey Attorney About the Benefits of a Postnuptial Agreement
Obligations often associated with the postnuptial agreement are the distribution of assets, including accounts real and personal property, spousal support, life insurance, distribution of debt, or distribution of retirement assets.
If you are concerned about the state of the marriage or have been served divorce papers that you think were pursued without adequate steps to mend your union, you may need a family attorney to draft a mid-marriage contract for you. There are many benefits of a postnuptial agreement in New Jersey such as delineating the fate of joint assets in the case of a divorce, or ensuring due process is followed to potentially prevent that divorce. To start working on your marital case, call a seasoned marital agreements lawyer today.