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

Marital Agreements Involving Children in Monmouth County

There are two types of marital agreements upheld by New Jersey courts, prenuptial agreements, and postnuptial agreements. Both types of agreements try to decide how to divide up debts and property and settle support agreements in case of a divorce. The main difference between the two types of agreements is timing.

Prenuptial agreements occur before a couple gets married, while they are anticipating a marriage. A postnuptial agreement occurs during a marriage, usually when a couple is contemplating a separation or when there is a new, significant change in their finances.

However, one main category involved in divorces and separation is marital agreements involving children in Monmouth County. Therefore, it is important to speak with a skilled marital agreement lawyer to find out if your agreement is valid and what you can and cannot include in it.

Marital Agreements and Child Support

New Jersey has signed onto the Uniform Premarital Agreement Act. Although there is no specific state statute regarding postnuptial agreements, courts have historically treated them the same as premarital agreements. Therefore, the laws that apply to marital agreements involving children in Monmouth County are the same regardless of whether it is a postnuptial or prenuptial agreement.

The law specifically forbids any agreements that would adversely impact the right to child support. A parent cannot contract away their right or obligation to child support because the amount is for the child and not the spouse. Therefore, neither parent can make this agreement even if the parent that would receive the child support agrees.

Child Custody

New Jersey’s premarital agreement law lists a number of things that can be included in premarital agreements involving children in Monmouth County. Some of the benefits that can be included are:

  • Right to any property
  • Right to buy, sell, transfer, or mortgage any property
  • How to dispose of property in case of divorce, death, or any other specific event
  • Spousal support
  • Rights to life insurance policy benefits
  • The right to create a will or trust to uphold this arrangement
  • Which state law will govern the contract

The last part of the law states that individuals can include anything in the agreement as long as it does not violate the state of New Jersey’s public policy.There is no specific statement regarding child custody, but it would violate public policy to allow any agreement regarding child custody to be included in a marital agreement.

When deciding child custody, a judge will look into multiple factors to determine what is in the best interest of the child. It would be difficult to state that any agreement regarding custody would be in the best interest of the child because it is never sure how any parent will end up by the time custody is being determined.

Help from a Lawyer

When entering into or creating a marital agreement, whether it is a prenuptial or postnuptial agreement, speaking to a Monmouth County marital agreements lawyer can help you decide if the agreement is favorable to you or not. Someone should consider whether the agreement is enforceable at all, especially if there is language regarding their children. Contact a skilled attorney about how to handle marital agreements involving children in Monmouth County.