Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Marital Agreement Laws in Monmouth County

There are several different types of marital agreement laws in Monmouth County. Marital agreements can be a useful and effective tool before, during, and after a marriage.

Generally, marital agreements are treated as any other contract, and typically a Monmouth County judge will turn to contract law to determine whether a marital agreement is valid and enforceable.

If you are considering marriage and are interested in discussing a premarital agreement, are currently married and have questions about agreements you can make during a marriage, or are in the process of going through a divorce and would like to discuss a property settlement agreement, contact an experienced marital agreement lawyer today.

Premarital Agreements

With the rising rate of divorce and separation over the past several decades, pre-marital agreements, which are sometimes referred to as antenuptial agreements, have become more common between couples.

Premarital agreements are contracts made between a couple who is about to be married. The purpose of these agreements is to determine and clarify each spouse’s property rights after either death or divorce.

In many cases, a premarital agreement may simply reiterate the laws of equitable division and distribution. However, a premarital agreement may also clarify:

  • How property will be distributed upon either spouse's death
  • How the couple will file tax returns upon marriage
  • How the couple will pay for living expenses
  • How property will be divided in the event that the couple divorces
  • Marital agreement laws in Monmouth county relating to premarital agreements generally will uphold a premarital agreement entered into by the parties unless the agreement is wholly unfair.

    Reconciliation and Mid-Marriage Agreements

    Being in a committed and long-term marriage is often difficult for many people, and it is common for couples to go through difficult times characterized by periods of arguing and fighting. While many of these debates resolve themselves over time, some people may not be sure that their marriage can continue and may split for a period of time.

    During these periods of disagreement, many couples will choose to enter into either a reconciliation or a mid-marriage agreement wherein they outline and clarify what will happen to marital property in the event that the couple gets back together or if they decide to divorce.

    In a reconciliation agreement, the court will allow for a couple to remove property from being divided from the court, if the court determines the marital agreement was made when the couple was experiencing a substantial disagreement, and the agreement was made in contemplation that the couple will work towards reconciliation.

    Monmouth County courts have been hesitant to uphold mid-marriage agreements because they tend to be very different from other types of marital agreements. In a reconciliation agreement, a marriage may be on the verge of moving towards divorce, or the couple may be prepared to enter into an extended separation. However, in a mid-marriage agreement, the court often has concerns that one spouse may not be making an agreement in good faith, and may be forcing the other spouse to sign an agreement.

    Property Settlement Agreements

    Property settlement agreements are a useful and effective tool for couples who are going through the process of divorce.

    A property settlement agreement also known as a Marital Settlement Agreement is a way for a couple to come together, either on their own or through the use of mediators to discuss how they would like to divide their property.

    In addition, a property settlement agreement may provide for other post-marital issues such as:

  • Alimony
  • Custody of children
  • Child Support
  • Parenting Time
  • Extra-curricular activities
  • Vacations
  • Attorney’s fees
  • Courts will generally uphold a property settlement agreement provided that there is no evidence that either party has signed the agreement under fraud, duress or mutual mistake.

    However, even when a couple enters a property settlement agreement, a Monmouth County court may find that the agreement is not enforceable because it is not fair and just.

    How a Monmouth County Marital Agreement Attorney Can Help

    No matter what stage of a relationship you are in, a marital agreement can help protect your rights and property in the future. A dedicated, knowledgeable, and experienced lawyer will know about marital agreement laws in Monmouth County and can help you draft marital agreements, resolve marital conflicts, and litigate disputes over marital agreement and terms.