New Jersey Post-nuptial Agreements
Agreements That Help Couples After They Are Married
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 a Post-nuptial Agreement in New Jersey.
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 a New Jersey Post-nuptial Agreement. While they are essentially the same standards that courts apply to prenuptial agreements, you should note, that the courts tend to scrutinize post-nuptial agreements more closely than prenuptial agreements. This is because partners who are already married or in a civil union have a "fiduciary relationship." Fiduciary relationships demand the highest degree of loyalty and honesty regarding money and property management. Fiduciary partners such as husbands and wives are required by law to act with each other's best interests in mind when entering into financial agreements.
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.
Note: If you are in a civil union, you may benefit from a post-civil union agreement. Just as pre-civil union agreements can address the same issues as prenuptial agreements, post-civil union agreements can address the same issues as postnuptial agreements. If you are in a New Jersey registered domestic partnership or you are living with your partner but are not currently in a legal relationship, see: New Jersey Cohabitation and Domestic Partnership Agreements
Legal Representation and New Jersey Post-nuptial Agreements
The New Jersey Post-nuptial Agreement lawyers at Weinberger 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. As such, you can rest assured that your New Jersey Post-nuptial Agreement will be handled quickly and efficiently. Contact us to find out if a Post-nuptial Agreement is right for you.
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