Montclair Postnuptial Agreement Lawyer
Like prenuptial agreements, postnups are contracts that can address financial and property matters in the event of divorce. Unlike a prenup however, couples enter these contracts after they have already been married. Postnuptial agreements can help foster open communication and provide financial security if a couple decides to separate.
A Montclair postnuptial agreement lawyer could be instrumental in drafting a marital contract that is valid and enforceable. Therefore, if you need help preparing a postnuptial agreement that effectively covers all potential matters of contention, do not hesitate to reach out one of our dedicated family attorneys in New Jersey.
Reasons for Entering into a Postnuptial Contract
Couples in New Jersey enter into postnuptial agreements for various reasons. One of the most common reasons is the potential for a breakdown in the marriage. We also see couples prepare postnuptial contracts because there has been a substantial change in the financial circumstances of the marriage, such as a large inheritance, a promotion, or the sale of a business.
In other cases, financial matters may be damaging to the marriage, and the parties need a postnup to resolve issues if necessary in the future. One spouse may realize the need to provide for a child from a previous relationship. A spouse also may want some measure of certainty about financial support from the other spouse should a divorce occur.
Couples may decide to enter into a postnup to allow for more efficient and less costly divorce proceedings since the provisions of these contracts may govern many aspects of a marriage dissolution. Whatever the reason, a lawyer in Montclair could represent the interests of one spouse when drafting a postnuptial agreement. Legal counsel could present the options available to address an individual’s specific needs and help them decide what is right for them and their families.
Enforcing a Postnup Agreement in New Jersey
A court in subsequent divorce proceedings can invalidate or refuse to enforce postnuptial agreements if they do not meet specific requirements. Generally, postnuptial contracts should satisfy the following conditions:
- Each spouse should get the advice of a separate attorney or explicitly waive the right to seek legal counsel before signing the agreement
- Each spouse must wholly and accurately disclose all financial-related matters to the other
- The provisions of the agreement must be fair and reasonable
- Each spouse must sign the agreement freely and voluntarily, without any element of coercion or duress
Various situations can lead to the invalidation of a postnuptial contract. For instance, if one spouse placed undue pressure on the other to sign the agreement within a short timeframe, the court may find that a sufficient reason to nullify the agreement.
Similarly, if one spouse later determines that the other did not fully disclose all assets, the court may have grounds to invalidate the agreement. A local attorney could help someone draft a fair postnup by thoroughly reviewing the financial information and property records belonging to both parties.
Speak with a Montclair Postnuptial Agreement Attorney
A Montclair postnuptial agreement lawyer could help you review your options for drafting a marital contract. You can get advice about the potential provisions to include in your agreement as well as guidance on the enforceability of your contract.
Entering a fair and equitable postnuptial agreement can give you a sense of financial security in the event of divorce. For help preparing your marital contract, schedule a consultation with one of our legal professionals in New Jersey today.