How to Draft an Enforceable Prenuptial or Postnuptial Agreement

How to Draft an Enforceable Prenuptial or Postnuptial Agreement

gen County NJ Marital Agreement Enforcement AttorneysPrenuptial and postnuptial agreements are only as good as their ability to be enforced in a court of law. It is important to understand that New Jersey has several distinct requirements which must be met in order to make your marital agreement valid. Many of these stipulations are not obvious, and failure to meet them may result in your prenuptial or postnuptial agreement being invalid. Today, our prenuptial and postnuptial agreement attorneys will discuss what is required to draft an enforceable marital agreement, what terms can be included and enforced, and what terms are not eligible for inclusion.

Bergen County, NJ Marital Agreement Enforcement Attorneys Identify Required Actions

Your Bergen County marital agreement enforcement attorney will likely start the process by going over the legal requirements of your prenuptial or postnuptial agreement. Unlike some other forms of contracts, these agreements must follow strict guidelines pursuant to New Jersey family law. In order for your agreement to be legally valid, all of the following must take place:

  • Both spouses fully and accurately disclose all relevant financial documentation. A record of these financial disclosures should be appended to your prenuptial or postnuptial agreement
  • Your prenuptial or postnuptial agreement cannot be verbal, and must be signed by both parties
  • Each individual must have the opportunity to seek independent legal counsel. If they choose to waive this option, this choice must be documented in writing
  • The terms of your agreement must be enforceable (more on this below)
  • Both signors were of fit mind, under no duress, and otherwise were able to sign the agreement legally

Ridgewood Prenuptial and Postnuptial Lawyers Discuss What to Include

Prenuptial and postnuptial agreements are primarily intended to deal with the financial aspects of a potential divorce, legal separation, or death of a spouse. Your Ridgewood prenuptial and postnuptial agreement lawyers may help you draft an agreement including the following terms:

Equitable Distribution of Marital Assets – marital agreements commonly tackle the issue of how your marital assets will be divided in the case of a divorce. These terms may include how you will divide your family homeowned businesses, and much more.

Alimony and Spousal Support – amounts and duration of alimony are also often including in prenuptial and postnuptial agreements.

Insurance Beneficiaries and more – Life insurance policies and other financial assets where there is a beneficiary or trustee may also be sorted through a marital agreement.

Are There any Terms in my Marital Agreement Which are Not Legally Enforceable?

Child Custody – issues of child custody are considered for the best interests of the child. The New Jersey courts system will disregard terms of a prenuptial or postnuptial agreement having to do with child custody, parenting time, and other similar arrangements.

Child Support – similar to child custody, issues of child support may not be settled ahead of time through a marital agreement. Once again, this is due to New Jersey Family Courts taking the stance that parents should not decide such matters without consideration for the child’s best interests at the time of the separation.

Contact our Hackensack Prenuptial and Postnuptial Agreement Enforcement Attorneys Today

At The Law Offices of Townsend, Tomaio & Newmark, our prenuptial and postnuptial agreement enforcement attorneys have extensive experience serving clients throughout Bergen County towns including Ridgewood, Paramus, Hackensack, Teaneck, Fort Lee, and all of Northern New Jersey. Our legal team is led by three partners, all of whom have been earned the distinction of Certified Matrimonial Law Attorneys by the Supreme Court of New Jersey. By practicing family law exclusively, our marital agreement lawyers are able to offer focused, experienced, and knowledgeable legal solutions to our clients.

If you or a loved one have any questions and concerns regarding a prenuptial, postnuptial, or other marital agreement, please contact us online or call our Hackensack, NJ offices by dialing (201) 397-1750 today for a free and confidential consultation.

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