Edison Township Postnuptial Agreement Lawyer
A postnuptial agreement may benefit a legally married person, especially if they wish to protect individual assets in the event of a divorce or a spouse’s death. These agreements can be complex to properly draft, and one that is poorly written could prove worthless in the future. An Edison Township postnuptial agreement lawyer could help prepare a fair and substantial agreement that meets the standards set forth in New Jersey law.
These legal contracts can often provide important protections for property and assets. Furthermore, a postnuptial agreement may protect future assets such as an inheritance or proceeds from life insurance. To protect what matters in your marriage, consider consulting with a practiced attorney.Postnuptial Agreements Defined
Typically, a postnuptial agreement is a contract between spouses signed during a legal marriage to protect assets. Some of the common issues covered in an agreement are a distribution of financial accounts, rights in pension plans, rights to take a spouse’s elective share under a will, and future inheritance rights. These terms can become the basis of a plan to divide assets in the event of a divorce.Requirements
Most postnuptial agreements have a few requirements which help ensure the terms of the legal document are enforced. The couple typically is required to fully disclose all assets and have an opportunity to seek separate legal counsel to review the agreement. Courts may examine the agreement to ensure terms are fair and reasonable.
The agreement generally also must be entered willingly by both spouses, and without any coercion or fraud. Courts may presume that an individual is inherently under pressure to sign an agreement to avoid displeasing their spouse, therefore it is important for both spouses to work with an Edison Township postnuptial agreement lawyer to create a fair agreement. Agreements typically must be in writing and notarized to be enforceable.Reasons for a Creating an Agreement
Couples may choose to enter into a postnuptial agreement for many reasons. Often, a person may view the postnuptial agreement as a layer of legal protection in the event of a divorce. Some common reasons couples choose postnuptial agreements may include:
- Wishing to provide for children from previous relationships
- No opportunity to enter into a prenuptial agreement before a wedding
- Modify a prenuptial agreement due to changed needs and circumstances
- Change in one spouse’s financial profile due to increased income, inheritance, sale of a business
- Clarify the financial rights and responsibilities between spouses
- Set rules to divide assets instead of allowing a court to decide in a divorce proceeding
Tangible assets, such as the marital home, may be covered in a postnuptial agreement. In some cases, an inheritance received by one spouse may be used to purchase the marital home. If a divorce occurs, a postnuptial agreement can earmark those funds and preserve them for the spouse who received the inheritance.
Alimony is another category that can be addressed in a postnuptial agreement. In a divorce, a court will typically consider the duration of the marriage, along with other factors, and potentially order one spouse to pay spousal support to the other. A couple may set the duration and amount of spousal support in a postnuptial agreement and avoid court involvement in this important issue.
Child custody generally cannot be included in a postnuptial agreement. Courts must often consider many aspects when awarding custody to a parent, most importantly the best interests of the child. Although the wishes of the parents will usually be considered, custody cannot be dictated in a postnuptial contract.Consult an Edison Township Postnuptial Agreement Attorney
A postnuptial agreement is a legally binding contract signed by spouses during marriage. Edison Township courts may scrutinize postnuptial agreements closely to ensure all requirements are met. Preparing a postnuptial agreement can be an intricate process and typically requires paying close attention to detail. A document which is not considered legally valid may lead to many issues, including the terms of the agreement being unenforceable under the law.
Contacting an Edison Township postnuptial agreement lawyer may benefit your case. An experienced attorney could examine the details of the legal document and help you decide how to move forward.