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New Jersey Post-nuptial Agreements

Once the wedding ceremony is over, many dedicated and loving couples discover that it is in their best interest to enter into a New Jersey Post-nuptial Agreement. While a Prenuptial Agreement (also referred to as a premarital or ante-nuptial agreement) is often designed to protect assets acquired before a marriage, an NJ Post-nuptial Agreement (also referred to as a mid-marriage agreement) is generally designed to protect assets acquired during the marriage. Although this difference may seem slight, only a skilled and experienced New Jersey Post-nuptial Agreement lawyer knows how to specifically tailor such an agreement.

New Jersey Post-nuptial Agreements

New Jersey Post-nuptial Agreements can be obtained by any married couple in the State of New Jersey, including:

  • Couples who wish to alter the terms of their Prenuptial Agreement
  • Couples who wish to update their Prenuptial Agreement due to the passage of time
  • Couples who are married and wish to make plans for the division of their assets in the event of a divorce

Unlike Prenuptial Agreements, Post-nuptial Agreements are specifically designed for couples who are already married. New Jersey Post-nuptial Agreements can help married couples plan for a division of all their assets and debts should they separate, divorce, or die. In addition, marital issues—such as alimony—can be included in the Post-nuptial Agreement. Contrary to what many people believe, child custody cannot be written into an NJ Post-nuptial Agreement.

Standards for a New Jersey Post-nuptial Agreement

In order to have a legally valid NJ Post-nuptial Agreement, there must at least be:

  • Full disclosure by both parties
  • Independent representation for both parties
  • No coercion or duress
  • Fair and equitable terms

These strict standards strive to protect all parties entering into an NJ Post-nuptial Agreement. You should note, however, that the courts tend to scrutinize NJ Post-nuptial Agreements more than Prenuptial Agreements.

Couples who already have a Prenuptial Agreement may choose a Post-Nuptial Agreement as a way of altering the terms or updating their original Prenuptial Agreement. Unlike Prenuptial Agreements, however, New Jersey Post-nuptial Agreements are highly scrutinized by the courts due to the fiduciary relationship that exists between married couples.

Whether you are married or unmarried, it is important to plan for the future. In the event of a divorce, an NJ Prenuptial or Post-nuptial Agreement can protect your assets and ensure a smooth divorce process.

Legal Representation and New Jersey Post-nuptial Agreements

The New Jersey Post-nuptial Agreement lawyers at Weinberger Divorce & Family Law Group are experienced in handling all NJ Post-nuptial matters. Our NJ Post-nuptial Agreement attorneys are highly skilled in drafting post marital agreements and know specifically what can and cannot be included in the Post-nuptial Agreement. As such, you can rest assured that your New Jersey Post-nuptial Agreement will be handled quickly and efficiently. Find out if a Post-nuptial Agreement is right for you.

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