Teaneck Postnuptial Agreements Lawyer
There are waypoints before, during, and even after a marriage that protects a spouse’s rights and affirm responsibilities. A Teaneck postnuptial agreements lawyer could help you negotiate and draft a contract even after you have become married.
While you may enter a marriage with the best of intentions, life presents all kinds of unforeseen events that may change your course. It is essential to have a local family attorney familiar with marital contracts to protect your rights and assets.
What is a Postnuptial Agreement?
Most people are familiar with prenuptial agreements and a postnuptial agreement is similar in most ways. The most distinguishable difference is the timing as parties sign prenups before legal marriage, while postnuptial agreements happen during the course of the marriage. In other words, parties can sign contracts about crucial issues while married, whether they anticipate divorce or not. A postnup may also modify the existing terms of a prenup.
Why Have a Postnuptial Agreement?
Couples may want to formalize a structure around assets and finances if there is a lot of real estate, an expected inheritance, or other significant assets one spouse may wish to keep separate. When divorce appears on the horizon, a postnup may be a good way to start settling issues related to the marriage.
In practice, postnuptial agreements may present difficulties in enforcement, and the advice of a post-marital contract attorney could be extremely beneficial.
The Issues Addressed in a Postnup
Generally, individuals could address the same issues in a postnuptial agreement as they would in a prenup. These include issues such as:
- Division of property and marital assets
- Alimony or other spousal support
- Any documents necessary to carry out the agreement like a will or trust
- Issues related to life and health insurance
Problems related to custody of children or child support cannot be included in a pre or postnuptial agreement. These issues must be decided by a family court judge in the child’s best interest and parents can never contract away a child’s right to support. Issues regarding children would be discussed and resolved in a final judgment of divorce.
Enforceability of a Postnuptial Agreement
Like all contracts in New Jersey, a postnuptial must meet specific legal standards to be enforceable. The agreement must be in writing, notarized, signed by both parties, and there must be fair disclosure of all assets and relevant information before signing. These are the first things a court will examine if there is conflict over the agreement.
A family court could void all or part of an agreement if either party proves that they were under duress when signing or coerced into the agreement. The same is true if a party demonstrates that the agreement is fundamentally unfair. For these and other reasons, it is wise to consult with a Teaneck postnuptial agreements attorney to ensure that the contract is valid.
How a Teaneck Postnuptial Agreements Lawyer Can Help You
After you get married, things might change substantially, or you and your spouse may want to clarify issues around finances, debts, and assets. A Teaneck postnuptial agreements attorney could represent your interests in this process and make certain that crucial matters are addressed.
Marriage can be difficult, and things change over time. The law provides ways for people to confirm their understandings and negotiate financial concerns while married, whether you are contemplating divorce, or you simply want peace of mind. Call today to schedule a consultation.
