Union County Postnuptial Agreement Lawyer
Even after wedding vows are made, spouses should still have an interest in protecting their assets. While most people have heard of prenuptial agreements, which is designed to protect each spouse’s personal assets, many people have not heard of postnuptial agreements, which are designed to protect marital assets.
An experienced Union County postnuptial agreement lawyer could help you understand some of the finer details and complexities of New Jersey law regarding these agreements, as well as how a “postnup” could benefit you in your unique circumstances. A hard-working marital agreements attorney could help tailor such an agreement to fit your exact needs and ensure your rights and interests are fully protected with the execution of the final document.
Understanding How Postnuptial Agreements Work
When a couple decides to enter into a postnuptial agreement, typically it is for the purpose of managing assets in the event of divorce or death. While the types of provisions included in a postnuptial agreement may vary, these provisions typically include the division or management of property and—specifically in cases of divorce—spousal support, also referred to as alimony. It is important to note that provisions for child support and custody should not be included in a postnuptial agreement, as the court has sole discretion on how these issues should be addressed.
The specific types of provisions typically found in postnuptial agreements address how property will be distributed or managed after the death of a spouse, as well as other similar issues. One spouse will often waive their rights to assets that they would typically inherit in a will or intestate law.
In the event of a divorce, a person can waive spousal support, agree to a set amount of spousal support, and also decide which assets will be divided between the spouses in the agreement. A spouse may also be able to waive their right to property. A knowledgeable postnuptial agreement attorney in Union County could further clarify how this type of arrangement could help in a specific case.
Validity of a Postnuptial Agreement
Postnuptial agreements are often regarded with far greater scrutiny than the more familiar premarital agreement, in large part because one spouse may become subjected to the other spouse’s control and manipulation during the course of a marriage. In order to create an enforceable document, both parties to a marriage need to ensure that certain standards and prerequisites are met.
A valid postnuptial agreement must be in writing and signed by both spouses, with fair and equitable terms that neither party agreed to under coercion or duress. Also, while it is not necessarily required, both spouses should usually have separate legal counsel to show that the agreement was entered into fairly and willingly by both parties. A Union County postnuptial agreement lawyer could help individuals ensure the validity of their contract.
Contact a Union County Postnuptial Agreement Attorney
Even if spouses enter into a postnuptial agreement on good terms, several legal and financial issues that these contracts address may lead to a lot of stress and disagreement. A skilled Union County postnuptial agreement lawyer could work to understand these issues and bring couples to a mutual understanding without causing marital strife.
Do not make a mistake that could leave you at the mercy of a family court. Call today to schedule a consultation and discuss how a postnup could benefit you and your spouse.