Today, more couples than ever are creating written agreements to help prevent or settle disputes when their marriage ends. In some situations, the contracts can be used to resolve issues involving asset or property division faster and more effectively than going to court or mediation.
Our New Jersey family law attorneys have years of experience helping those in our area with prenuptial and postnuptial agreements. We offer legal representation for many family law matters and ensure our services are tailored to our client’s needs.
New Jersey Prenuptial Agreements
A prenuptial agreement is unique to each couple; however, this document must meet certain requirements to be legally binding. If it does not comply with the requirements, the court may rule that it is invalid and, therefore, unenforceable (partly or wholly).
According to New Jersey law, prenuptial agreements must be in writing, and both parties must have independent legal counsel when negotiating and finalizing this agreement. Having legal representation can help prevent challenges to these agreements based on duress.
Using prenuptial agreements to enforce illegal conditions or terms is impossible. Also, it must be reasonable and fair, which means they cannot significantly disadvantage one party to benefit the other. Having legal counsel during the creation of these documents is the best way to ensure neither party is taken advantage of.
The Role of the Prenuptial Agreement
Most people view the prenuptial agreement to protect their assets. While they can be used for this, it is not their only purpose.
Some of the other functions of a prenuptial agreement include the following:
- Determine the choice of law to govern the agreement
- Define any terms related to possible spousal support
- Create a framework for estate planning
- Property division matters
Those who are considering a prenuptial agreement should remember that they cannot be used to deviate from the child support obligations ordered by the state. There can be other restrictions on how different factors can be addressed in these agreements.
Working with an experienced prenuptial agreement attorney in New Jersey will ensure you have someone who can explain all the restrictions and requirements of the prenuptial agreement.
Postnuptial Agreements in Neptune
Most people do not agree to marry someone with the plan to divorce them at some point. However, situations and relationships can change suddenly – this applies to marriages and life. If the circumstances of your marriage change and you do not have a prenuptial agreement in place or the agreement in place does not address new issues, a postnuptial agreement may be beneficial.
You can tailor a postnuptial agreement to meet many different needs in your marriage. If you are considering creating this agreement, it is smart to learn more about them. Working with an experienced and knowledgeable postnuptial attorney in New Jersey can help you know what options are available to you.
The Purpose of a Postnuptial Agreement
A postnuptial agreement is used to protect assets in your marriage. In some cases, divorcing partners negotiate this agreement right before or during their divorce proceedings. This helps make the divorce settlement process less time-consuming and expensive.
Sometimes, postnuptial agreements are used to address inheritances or other types of financial changes. These agreements will work to preserve unexpected assets for someone’s heirs. This is especially beneficial for individuals who are in their second or subsequent marriage.
It is also possible to use a postnuptial agreement as a framework for a couple’s relationship. Often issues related to substance abuse or financial mismanagement cause marital problems. With a postnuptial agreement, it is possible to set expectations for all parties to help make the marriage work. In these situations, the agreement can also establish divorce parameters if one partner does not meet the expectations included.
New Jersey Postnuptial Agreement Expectations
Like most states, a postnuptial agreement in New Jersey is held to the same standards as prenuptial agreements. According to the law, these agreements can only be enforced if they are in writing, notarized, and signed by both parties. It is also necessary for the parties entering the agreement to disclose all assets to their spouse and to have independent legal counsel while the agreement is being created.
Making sure the postnuptial agreement meets the set requirements is essential. It is smart to work with an attorney who understands the laws related to these agreements and the negotiation process that is necessary to create them.
If a court finds that an agreement violates the law, all or part of it will not be enforceable. For some, this can cause negative consequences in the future.
Limitations of Postnuptial Agreements
While post- and prenuptial agreements can address many important topics like asset division and spousal support, they have limitations.
For example, a postnuptial agreement cannot be used to modify any state-issued child support orders. They cannot cause one party to be at a significant disadvantage either or enforce potentially illegal terms. If the postnuptial agreement does not meet these criteria, the court may declare it invalid or override it.
We Can Help with Your Prenuptial or Postnuptial Agreement in Neptune, NJ
If you need a prenuptial or postnuptial agreement created, our legal team can help. We have over 30 years of experience providing legal representation for individuals facing many family law issues. We can provide you with the custom legal solutions you need to get the desired results for your situation.
Call our office today to schedule an initial consultation.
