Livingston Postnuptial Agreement Lawyer
Financial misunderstandings, religious differences, and an inability to work together can lead friction within a marriage. By addressing these issues in a duly executed post-marital contract, you could prevent expensive and unnecessary legal and marital disputes. A marital contract attorney could discuss how a postnup may include interfaith parenting plans, help couples rebuild financial trust, and modify traditional marital property rights.
Spouses and civil partners alike could benefit from discussing their matrimonial rights and obligations with a Livingston postnuptial agreement lawyer. From buying a house to preparing for your first child, you can proactively prevent legal, personal, and financial miscommunications with a postnup.
Permissible Contents of New Jersey Postmarital Agreements
The same laws applicable to New Jersey prenuptial agreements generally apply to postnuptial contracts. The primary exception being that postnups take effect upon execution, not marriage. Under New Jersey Revised Statute §37:2–34, spouses may work with an attorney in Livingston to draft a postnuptial agreement addressing any or all of the following:
- The classification (separate or marital) and distribution of property upon divorce, legal separation, death, or another specified event
- Estate plans, including wills, trusts, and healthcare proxies
- Life insurance policies and beneficiaries
- Changes to default marital rights and obligations including designating control of businesses or properties to one or both spouses
- Eliminating, reducing, or otherwise modifying spouse support (alimony) rights
- Adding or removing property from the marital estate
Section 37:2–34(h) further permits spouses and civil partners to modify, add, or eliminate any other publicly acceptable rights or obligations. For example, a legal professional could help couples incorporate an interfaith child rearing agreement, set forth a holiday visitation schedule with in-laws, and include reasonable provisions related to household tasks, joint banking, and social media. If the same disputes – cleaning, extended family, overspending, or religious differences – continuously arise, spouses might consider settling these matters with a binding postnup.
Enforcing Postnuptial Agreements in Livingston Divorce Proceedings
Spouses may request family judges enforce postnuptial contracts during separation and divorce proceedings. However, New Jersey courts closely scrutinize postnups for fairness. The agreement must contain fair and reasonable terms as executed and applied at the time of enforcement, such as following divorce.
One spouse may challenge a postmarital settlement’s validly by claiming duress, fraud, undue influence, coercion, or misrepresentation. Couples must disclose and attach asset and liability schedules when executing a postnup and avoid including unlawful provisions related to child custody and support rights. To prevent undue reliance on invalid postnups, couples should retain experienced independent attorneys to draft, review, and finalize postnuptial agreements.
Spouses Most Likely to Benefit from Executing Postnups
Some couples benefit from entering postnuptial agreements more than others. Local attorneys commonly recommend negotiating a postnup if:
- At least one party has a high-net-worth
- One spouse expects a substantial future inheritance
- Spouses have diverging child-rearing or faith-based concerns
- Spouses work together or jointly own a business
- Either partner has children from previous relationships
- A spouse has substantial liabilities, student debts, prior bankruptcies, or legal judgments
- Either spouse supports dependent family members including nieces, nephews, elderly parents, or disabled siblings
Marriage changes the legal rights and obligations spouses enjoyed while single. Postmarital contracts could help couples identify potential areas of conflict and modify their rights accordingly. Partners could also discuss contractual alternatives to postnuptial contracts with a qualified lawyer if they wish to address a single concern, such as business management during military deployment.
Connect with a Livingston Postnuptial Agreement Attorney
Many couples could benefit from discussing their marital property rights and legal concerns with a Livingston postnuptial agreement lawyer. Whether you need to protect family assets, modify property management rights, or proactively address potential conflicts during divorce proceedings, consider executing a binding postnup.
No matter your personal or financial concerns, our qualified attorneys could help married couples navigate the complex domestic relations laws applicable to spousal contracts. Avoid executing unenforceable marital agreements by contacting a dedicated legal professional today.