Short Hills Postnuptial Agreements Lawyer
Many life-changing events can arise over the years. Therefore, once a couple gets married, they should consider entering into a postnuptial agreement. This agreement is a contract that is entered into after the parties are married which can be executed for a variety of reasons, including financial changes in the marriage. These agreements could be valuable in the event of divorce. One of our caring Short Hills postnuptial agreements lawyers could provide insight and counsel about these arrangements, and help protect your assets and family during or after your marriage. Additionally, our marital agreements attorneys could assist you in drafting a fair and legally binding contract that supports your family’s needs.
Determining the Enforceability of a Postmartial Agreement in Short Hills
State law requires that all postnups meet specific legal standards to be enforceable. These standards apply to the Matrimonial Settlement Agreement (MSA), which is the contract incorporated into a final judgment of divorce. A valid postnuptial agreement must have the following elements:
- It must be in writing, signed by both parties, and notarized
- There can be no coercion or duress in the execution of the agreement
- There must be full disclosure of all assets and liabilities before signing
- Both parties must have legal counsel or a valid waiver of attorney review
Additionally, parties cannot agree to deprive a child of their right to financial support or consent to engage in unlawful or fraudulent acts. Any deviation from these standards makes a contract potentially invalid. Because these requirements for postnuptial agreements can be confusing and overwhelming, a person should consult our Short Hills lawyers if they want to prepare one of these contracts.
Terms of Postnuptial Agreements
Postnuptial agreements address the many issues a couple may face if they decide to dissolve their marriage. These issues include spousal support, the division of assets, and responsibilities for debts or other various payments, such as utilities and insurance.
For various reasons, spouses may want to draw up a written contract about the control and disposition of assets. For example, spouses may have the good fortune of accumulating wealth during a marriage. In these cases, a couple should determine who may receive which assets in the case of dissolution of the marriage, as this could become a significant point of contention if not discussed beforehand.
When a couple has children, a Short Hills lawyer could offer guidance about custody and child support issues in a postnuptial agreement, as a court has the final say when it comes to these matters if there is no agreement between the parties. In general, when parties divorce, the court may accept the MSA as part of the final judgment, meaning that these agreements have the force and effect of a court order. Since this is a contract that controls crucial matters such as the disposition of assets, one of our dedicated attorneys can provide advocacy in this process.
Speak with Our Short Hills Postnuptial Agreements Attorneys
People rarely anticipate life-changing events while married, but the unexpected can happen. A Short Hills postnuptial lawyer could help you draft a contract that protects your property and family in event of divorce. For more information about how we could help you through this process, schedule an initial case consultation.