What is the Purpose of a Postnuptial Agreement in New Jersey?
If you are already married, it is not too late to create an agreement that will protect your assets in the event you get divorced. It is in your best interest to reach out to our firm today to learn about how a postnuptial agreement might be your best option. Our experienced New Jersey divorce attorneys are dedicated to helping you.
What is a postnuptial agreement?
Postnuptial agreements are used in the same way that prenuptial agreements are. Postnuptial agreements are used to settle affairs and assets in the event that a couple gets divorced. Postnuptial agreements are completed after the couple is married, while prenuptial agreements are created before the couple is married.
There are many reasons why a couple might choose to create a postnuptial agreement. The most important issues that are commonly addressed in postnuptial agreements include the following:
- Both parties would like to avoid the ambiguity of the equitable distribution process
- One or both parties want to secure financial support for their children from a previous marriage
- To define their financial relationship regarding which assets belong to whom
- If one spouse’s financial circumstances change in significant ways. This may occur in the event of a job promotion, the acquisition of stocks, a large inheritance, or even winning the lottery.
Do not hesitate to reach out to our experienced New Jersey family law firm today to discuss your options. Our firm is equipped with the skill and knowledge necessary to ensure that you and your future are protected. Contact Townsend, Tomaio & Newmark today. Our firm is on your side.
What is considered a valid postnuptial agreement?
Postnuptial agreements are considered a valid document in the state of New Jersey if they meet the following requirements. These requirements include, but are not limited to, the following:
- Both parties fully and truthfully disclose their financial status and other assets addressed in the agreement
- The terms of the postnuptial agreement must be “fair and reasonable” to both parties, not just one
- Both parties have a fair amount of time to reach an educated and rational decision about whether they should sign the agreement
- The document must be created and signed without any manipulation, intimidation, deception, or emotional pressure
- Both spouses have separate legal counsel, or else explicitly waive their right to counsel in writing
If you have questions or concerns regarding postnuptial agreements, it is in your best interest to reach out to our experienced New Jersey divorce attorneys today to discuss the specifics of your case and your options. Our legal team is dedicated to ensuring that you receive the support you need through this time.
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.