What is a Postnuptial Agreement?

If you are married and did not draft a prenuptial agreement with your spouse, but wish to have some of the same protections that a prenuptial agreement has to offer, there are options to consider. You may still draft a document known as a postnuptial agreement. Continue reading to learn more about postnuptial agreements and how to create a valid agreement in New Jersey. Reach out to our experienced Bergen County family law attorneys to discuss our services and how we can assist you in this process.

Why should I draft a postnuptial agreement?

Many spouses take the plunge in drafting a postnuptial agreement for a variety of factors. The following are the most common reasons seen for drafting a postnuptial agreement:

  • The couple is looking to draft a document that will allow them to avoid financial turmoil in the event of a divorce.
  • The couple did not initially create a prenuptial agreement before they were married.
  • One or both spouses have encountered a significant change in circumstances. The following are common changes in circumstances that may prompt a postnuptial agreement:
    • One spouse recently opened a business and they are looking to protect this business if the couple was to divorce
    • One spouse may have received a promotion or otherwise came into a large sum of money and do not want to risk losing that money, should the couple ever seek a divorce.

What makes a postnuptial agreement valid in New Jersey?

A postnuptial agreement will have to meet a wide variety of qualifications like any legal document in New Jersey. The following is the criteria for an enforceable postnuptial agreement in New Jersey:

  • The agreement must be in writing.
  • The agreement must be fair and just to both parties.
  • There must be full disclosure of both spouse’s assets.
  • There must be evidence that both spouses have had the time to properly consider the terms of the agreement.
  • There must be no evidence of coercion or manipulation into signing the document.

If you require assistance with drafting a valid postnuptial agreement, it is important that you have a strong legal advocate in your corner that can assist you in this process. Reach out to our experienced family law and divorce attorney today to begin.

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.

Read Our Latest Blog Posts