Particularly in marriages involving high-value assets, it can be important for a couple to determine how to settle their affairs in the event of divorce. While a prenuptial agreement is made prior to a marriage being ordained, a postnuptial agreement is entered after a marriage has taken place. Done correctly, either option is valid and enforceable during a divorce.
A Middlesex County postnuptial agreement lawyer could help you create a postnuptial agreement that is right for your circumstances and accomplishes the goals you have for entering into such an agreement. Speak with a skilled family attorney right away.Basic Requirements For Postnuptial Contracts
Postnuptial agreements are subject to the same basic requirements as prenuptial agreements, which can be found in New Jersey Revised Statutes Title 32 Section 2-31 through Section 2-40. To be enforceable, they must be in writing, signed by both parties, and notarized.
Both parties must have access to independent legal counsel when negotiating and agreeing to the postnuptial agreement, and both parties must provide full disclosure of assets to the other party.
Title 32 Section 2-35 prohibits using premarital agreements to place limitations on any potential child support. Spouses are likewise prohibited from including such provisions in a postnuptial agreement.How Can a Lawyer Help With Legal Requirements?
One of the most important reasons to work with a Middlesex County postnuptial agreement lawyer while drafting a postnuptial agreement is to ensure that every part of it complies with applicable laws. Failure to comply with the law could end up negating the entire agreement, even if just one section of the agreement is declared legally invalid.Benefits of Postmarital Agreements
Postnuptial agreements are a good way to protect your assets, especially those you amass during marriage. If you create a postnuptial agreement that adequately provides for how such assets will be distributed in the event of divorce, you and your spouse can save a great deal of time, stress, and money should you ever need to determine how you will divide marital assets.
Knowing that your assets are protected in the event of divorce can offer significant peace of mind, and may allow both spouses to experience more financial freedom during their marriage.Role of a Middlesex County Postnuptial Agreement Lawyer
There are many reasons couples find themselves considering postnuptial agreements, particularly those in second or third marriages who want to ensure that their children from previous marriages receive some assets in the event of a separation.
A seasoned postnuptial agreement lawyer understands that the individual needs and goals are unique for every couple, and is ready to work with you to create a fair and transparent agreement while advocating for your rights and best interests throughout the process.
Whether you are looking for greater financial peace of mind or are concerned about the present state of finances in your marriage, contact our Middlesex County postnuptial agreement lawyer to make sure your rights are protected and any agreement you become a party to is legal and enforceable under the law. The postnuptial agreement process can be challenging, but you do not have to face it alone.