What is a Postnuptial Agreement & How Do I Draft One in NJ?

Many couples throughout the state of New Jersey make the smart decision of drafting prenuptial agreements. These agreements are extremely useful tools to protect your hard-earned assets from the pitfalls of a potential divorce. That being said, there are many other couples who do not draft these agreements before marriage. While this is totally fine, oftentimes, spouses who did not draft these agreements before marriage will look to draft these agreements, or their equivalent, after marriage. While you cannot draft a prenuptial agreement after marriage, you can still draft a postnuptial agreement. A postnuptial agreement serves all of the same basic purposes as prenuptial agreements, though they are exclusive to couples after they are already married. Read on and reach out to our New Jersey family law attorneys to learn more about postnuptial agreements. Here are some of the questions you may have:

Why should I draft a postnuptial agreement?

There are various reasons why a couple may wish to draft a postnuptial agreement. Some of the most common factors that call for drafting a postnuptial agreement are as follows:

  • The couple did not initially create a prenuptial agreement before they were married.
  • The couple is looking to draft a document that will allow them to avoid financial turmoil, should they ever decide to get divorced.
  • One or both spouses have encountered a significant change in circumstances. For example, if one spouse recently opened a business, he or she may be looking to protect that business. In another case, one spouse may have received a promotion or otherwise came into a large sum of money, and he or she does not want to risk losing that money, should they ever get divorced.

What makes a postnuptial agreement valid and enforceable in New Jersey?

For any legal document to be considered valid and enforceable in the eyes of the law, it will have to meet a wide variety of qualifications. The criteria for an enforceable postnuptial agreement in New Jersey are as follows:

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

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.

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