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.
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.
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:
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.
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.