Amending or Revoking Existing Marital Agreements in Monmouth County
There are two types of marital agreements: a postnuptial agreement and a prenuptial agreement. A prenuptial agreement is one where a couple decides before they get married how they want to divide property and handle any type of support.
Courts favor reconciliation agreements over general postnuptial agreements because they support New Jersey’s public policy of wanting to uphold marriages. Speaking to a qualified marital agreement lawyer before creating any type of agreement will help couples make sure it is valid and fair to both sides. Consult a legal advocate that can answer any questions you may have about amending or revoking existing marital agreements in Monmouth County.How Postnuptial Agreements Differ From Prenuptial Ones
A postnuptial agreement is different from a prenuptial agreement because it occurs during the marriage but still creates a plan on how to split up property and plan for support payments. Usually, this type of agreement will occur when there is a strain in the marriage or a large increase in income or property by one spouse.
New Jersey also has a specific type of postnuptial agreement called a reconciliation agreement. Reconciliation agreements occur when a drastic event has occurred in the marriage, such as a separation, and this agreement helps repair the damage and brings the couple back into the marriage.Amending or Revoking an Agreement
Premarital agreements can be amended or revoked as long as the parties agree to the change in writing. There does not need to be any consideration for the revocation or amendment of the agreement.
Consideration refers to the general requirement for a contract that both sides get something out of the agreement. In this type of contract, where the parties are agreeing to change or end an existing agreement, both sides do not need to get anything out of the contract, such as a payment, to agree.
There is no specific Monmouth county law regarding postnuptial agreements, but generally, the same rules apply for both types of marital agreements. So again, if a couple is considering amending or revoking existing marital agreements in Monmouth County, they can do so as long as they put it into writing.Invalid Marital Agreements
If a party wants to show that a marital agreement is invalid, whether it was a prenuptial or postnuptial agreement, then the burden is on that party to prove it. This is another way to end the marital agreement even if one party wants to have the agreement enforced.
A court will not uphold a marital agreement if the agreement was involuntary – usually shown if one side used threats or force to get the other person to sign or if the agreement was unconscionable when it was created.
Marital agreements are considered unconscionable if:
- There was no full or fair disclosure of the assets and property of each party
- There was no voluntary, express waiver in writing to any rights to information not provided in the disclosure
- There was no way for the party to know or find out about the other person’s finances or property
- The person did not meet with their own lawyer or expressly waive the right to meet with an independent lawyer in writing
The best thing to do would be to speak to a lawyer before creating or entering into any type of marital agreement. However, if you have already entered into this type of agreement and now want help amending or revoking existing marital agreements in Monmouth County, you should still consult a lawyer.
A Monmouth County marital agreements lawyer can help make sure that the writing you enter into to amend or revoke your agreement is proper and valid.