It is common for couples to draft a prenuptial agreement to protect their assets from the pitfalls of a potential divorce. However, many couples do not draft these agreements before they are married. In this case, spouses may want to look into drafting an equivalent agreement after they are married. You cannot draft a prenuptial agreement after you have been married. However, you can still draft a postnuptial agreement. A postnuptial agreement serves a similar purpose as a prenuptial agreement. Postnuptial agreements are simply exclusive to couples after they are married.
To learn more about this process and how our postnuptial agreement attorneys can assist you, give our firm a call today. Here are some questions you may have:
Why should I draft a postnuptial agreement?
A couple may wish to draft a postnuptial agreement for a variety of different reasons. The most common factors that lead to a couple making the decision to draft a postnuptial agreement include the following:
- The spouses did not create a prenuptial agreement before they were married.
- The spouses are seeking to draft a document that will allow them to avoid financial turmoil if they decide to divorce.
- One or both of the souses have encountered a significant change in circumstances.
- For example, if one spouse recently opened a business, they are likely looking to protect this business in the event of a divorce.
- Another example includes one spouse receiving a promotion or otherwise coming into a large sum of money. They are likely looking to protect that money in the vent of a divorce.
What makes a postnuptial agreement valid and enforceable in New Jersey?
Your postnuptial agreement must meet the following variety of qualifications to be considered valid and enforceable in the eyes of the law in New Jersey:
- The agreement must be fair and just to both parties.
- There must be no evidence of coercion or manipulation into signing the document.
- There must be full disclosure of both spouses’ assets.
- The agreement must be in writing.
- There must be evidence that both spouses have had enough time to ponder the terms of the agreement.
If you have any further questions about drafting a postnuptial agreement, reach out to our postnuptial agreement attorneys today.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.