East Brunswick Postnuptial Agreement Lawyer
Married couples are free to enter into legal agreements even after they have gotten married. A postnuptial agreement has the same components of a prenuptial agreement but happens after the couple is already married.
A couple may want to create a postnuptial agreement if they have recent, unexpected financial changes or have uncertainty in their relationship. Furthermore, a postnuptial agreement may be required for someone to invest or become a partner in a business.
Before entering into such an agreement, however, you should speak with an East Brunswick postnuptial agreement lawyer who can advise you of all your legal options. An experienced divorce lawyer can help you determine what is right for you.Reconciliation Agreement
New Jersey also has a specific type of postnuptial agreement called a reconciliation agreement. Usually, this type of agreement applies when a couple has separated and now want to move forward with their marriage.
The agreement allows them to return to the relationship without any financial issues, especially if the financial issues were what caused the separation.
For example, a couple may have separated because one spouse has a spending or gambling problem. With the postnuptial agreement, they can decide how to legally separate finances and protect themselves from debt.Postnuptial Agreement Benefits
There are a few reasons why a couple may choose to enter into a postnuptial agreement, such as:
- Protecting a new business venture
- Protecting assets from the other spouse’s debts or propensity to create debt
- Making sure that a children’s financial future is secure
- Putting prior financial issues between them to rest
- Making a future divorce less complicated
An East Brunswick postnuptial agreement lawyer can further explain the benefits of a postnuptial agreement, and help couples determine whether it is right for them.Legal Requirements for a Postnuptial Agreement
There is no specific New Jersey law regarding postnuptial agreements, instead, the same law regarding prenuptial agreements applies. Postnuptial agreements will not be upheld if they were unconscionable or involuntary.
Courts will find a postnuptial agreement to be involuntary if the person was coerced, threatened or injured in any way to sign the paperwork. For example, if there have been previous incidents of domestic violence, it will be highly unlikely that one person signed the agreement voluntarily.
There are a few ways in which a postnuptial agreement will be found to be unconscionable:
- One party failed to provide a full disclosure of their financial assets
- There was no reasonable way a person could find out about these assets without the disclosure
- Neither party voluntarily or expressly waived their rights to a full disclosure
- One person did not have independent legal counsel (this is why couples should not use the same attorney for this kind of issue)
- The person without independent legal counsel did not expressly and voluntarily waive that right
In the postnuptial agreement, the couple can decide on how to divide up property and assets. Also, spousal support can be finalized in the agreement. Also, any rights to a life insurance policy.
However, when it comes to children agreements about child support, visitation or child support may not be upheld by the court. This is because child custody and visitation requires determining what is in the best interest of the child and the agreement may not uphold that standard.
As for child support, parents cannot negotiate away their financial responsibility for their child. An East Brunswick postnuptial agreement lawyer can help individuals come to an agreement that works for them, and is in the best interest of the child.Talking to an East Brunswick Postnuptial Agreement Attorney
If you have a reason to enter into a postnuptial agreement, you should speak with an East Brunswick postnuptial agreement lawyer prior to forming or signing any agreement. You want to make sure that your interests are being protected and that any agreement you enter into will be upheld.