Once the wedding ceremony is over, many dedicated and loving couples discover that it is in their best interest to enter into a 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, a Post-nuptial Agreement (also referred to as a mid-marriage agreement or post-nup) is generally designed to safeguard 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-nups are specifically designed for couples who are already married. In New jersey, Post-nups 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 agreement. Contrary to what many people believe, child custody cannot be written into a Post-nuptial Agreement.
Standards for a New Jersey Post-nuptial Agreement
In order to have a legally valid Post-nuptial Agreement in New Jersey, 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 Post-nuptial Agreement. You should note, however, that the New Jersey courts tend to scrutinize Post-nuptial Agreements more than Prenuptial Agreements, due to the fiduciary relationship that exists between married couples.
Couples who already have a Prenuptial Agreement may choose a Post-nup as a way of altering the terms or updating their original Prenup.
Whether you are married or unmarried, it is important to plan for the future. In the event of a divorce, a Prenup or Post-nuptial Agreement can protect your assets and ensure a smooth divorce process.
Legal Representation and New Jersey Post-nuptial Agreements
Our Post-nuptial Agreement lawyers are experienced in handling all New Jersey Post-nuptial matters. Our attorneys are highly skilled in drafting post marital agreements and know specifically what can and cannot be included in your Agreement. As such, you can rest assured that your matter will be handled quickly and efficiently. Call for a no-obligation consultation and to see if a Post-nuptial Agreement is right for you.