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

Somerset County Postnuptial Agreement Lawyer

Once the wedding day is over, married couples begin the incredible lifelong journey that is the marriage itself. However, at some point during the marriage, some couples determine that creating a postnuptial agreement is in the best interests of both spouses going forward.

If you and your spouse and are considering a postnuptial agreement or curious about exploring your options for one, it is highly recommended that you seek the services of a skilled marital agreement attorney. Consult an experienced Somerset County postnuptial agreement lawyer that work towards a positive outcome for you.

Value of Consulting a Lawyer for Postnuptial Agreements

A Somerset County postnuptial agreement lawyer could provide legal advice and answer any questions regarding what postnuptial agreements are and why couples enter into them, drafting and preparing a postnuptial agreement, issues that can be addressed in a postnuptial agreement, and the legal requirements of a postnuptial agreement under county and state laws.

What is a Postnuptial Agreement?

A postnuptial agreement, also known as a mid-marriage agreement, is a contract made between two spouses after they have already been married, as opposed to before getting married.

Similar to prenuptial agreements, the main purpose for postnuptial agreements is to protect accumulated assets during the marriage and to state how assets and liabilities will be distributed if the marriage ends. Reasons, why married couples choose to enter into a postnuptial agreement, can vary, but some of the most common reasons include:

          
  • Significant change in financial circumstances, such as inheritance, debt, or a new job
  • Ongoing marital conflicts
  • Modification of an existing prenuptial agreement
  • Inclusion or elimination of alimony 
  • Equitable distribution of marital property upon divorce or separation
  • Estate planning, typically involving children from previous marriages, wills, and/or trusts

In Somerset County as well as other areas of New Jersey, contemplation of separation or a divorce is not a prerequisite for entering into a postnuptial agreement. Any married couple, with or without a prenup, can enter into postnuptial agreements.

Postnuptial Agreement Requirements in New Jersey

In order for a postnuptial agreement to be valid and enforceable, there are strict requirements that both spouses must follow under New Jersey state law, many of which were established in Pacelli v. Pacelli, 319 N.J. Super. 185 (App. Div. 1999):

  • Each spouse must retain their own independent legal counsel   
  • The agreement must be in writing and notarized
  • Both spouses must enter into the agreement willingly and without coercion or duress
  • At the time it is drafted and signed, the agreement must be fair and equitable to both spouses  
  • There must be full disclosure of all assets and liabilities between both spouses

Just like with prenuptial agreements, issues regarding child support, visitation, and child custody cannot be included in any postnuptial agreement in Somerset County or anywhere else in the state of New Jersey.

Talking to a Somerset County Postnuptial Agreement Attorney

Whether you are constructing future planning or contemplating separation or divorce, preparing a postnuptial agreement with your spouse can be an emotionally and financially complicated process. A Somerset County postnuptial agreement lawyer is available to assist you in any way they can to make the process less stressful for you and your spouse. If you are considering a postnuptial agreement, contact an attorney now to learn more.