How an Attorney Can Help with New Jersey Postnuptial Agreements
A postnuptial agreement can be a complex legal agreement. Certain requirements must be met to ensure the agreement is valid and enforceable. If those requirements are not carefully met, a judge could potentially declare some or all of the postnuptial agreement unenforceable. Seeking the legal assistance of a lawyer is essential when beginning the postnuptial agreement process.
If you are wondering how an attorney can help with New Jersey postnuptial agreements, our firm is here to help. Contact us when you are ready to talk to an experienced family law attorney about a postnuptial agreement.
Compliance with New Jersey Law
A New Jersey family law attorney can ensure the requirements for enforceability of a postnuptial agreement are met under New Jersey law. For a postnuptial agreement to be enforced in Court, it must meet the following requirements under New Jersey law:
- The postnuptial agreement must Include a full disclosure of each spouse’s assets and personal financial circumstances
- Each spouse must be represented by separate independent attorneys
- Each spouse must be entering into the postnuptial agreement freely and voluntarily without any duress or coercion from any person
- The postnuptial agreement must be fair and equitable to both spouses under the circumstances
Although it may be difficult to prove in Court that a spouse signed a postnuptial agreement under duress or coercion or hid assets, these kinds of mistakes may result in a Judge declaring the agreement to be invalid and unenforceable. An attorney can help ensure compliance with New Jersey law to avoid the Court invalidating a postnuptial agreement.
Protection of Personal Rights
A New Jersey attorney can help a spouse during the postnuptial agreement process by protecting that spouse’s rights. One of the reasons for the law requiring that each spouse be represented by a separate attorney is to ensure that each spouse understands the terms of the agreement and is not tricked or pressured into signing something unfair or that they do not understand. An attorney works hard to protect the rights of their client, explaining matters as clearly as possible so they know exactly what they are signing and what it could mean for them now and in the future.
There may be instances where one spouse wants a condition written into the postnuptial agreement that only a lawyer would recognize as unfair and manipulative. If the condition is not in their client’s best interests, the lawyer can advise them of this and recommend a way to revise the condition so it is fair to both spouses.
Drafting a Legal Document that Holds Up in Court
Lawyers are trained to write many types of legal documents. Our lawyers have special expertise in drafting postnuptial agreements. Someone who is not a family law attorney usually does not understand the terminology or the elements that must be included in a postnuptial agreement to make it legally enforceable in Court. Our New Jersey postnuptial agreement attorneys can draft postnuptial agreements to ensure they meet the legal requirements for enforceability in Court.
Ask Us How a New Jersey Attorney Can Help with Your Postnuptial Agreement
Deciding how your assets and property should be divided if you and your spouse divorce probably makes you feel uncomfortable. You might want to avoid the issue or hurry up and sign a document to get it over with. Instead, we encourage you to slow down, think it over, and consider how an attorney can help with New Jersey postnuptial agreements.
When you are ready to speak to a family law attorney about your postnuptial agreement, schedule a free case evaluation with Moskowitz Law Group. We have experience with postnuptial agreements and are passionate about protecting our clients’ rights so you can enjoy a brighter future.
