West Caldwell Postnuptial Agreement Lawyer
While most people are familiar with “prenups,” it is legal under New Jersey law for a couple to form a marital agreement after they have been married. Known as a “postnuptial agreement” or a “postnup,” this type of contract can cover everything that a prenuptial agreement could, with the added benefit that both spouses may know more about their financial interests post-marriage than they did prior to tying the knot.
If you want to explore whether creating a postnup might be a good idea, you should schedule a meeting with a West Caldwell postnuptial agreement lawyer. The guidance of one of our seasoned marital agreement attorneys can be crucial during any legal matter, but especially if you are trying to draft a comprehensive postnup.
Issues that Postnuptial Agreements Can Address
Just like prenups, the purpose of postnups is to establish solutions to various disputes that may arise during a divorce or legal separation. This is so that those issues do not loom over a couple during their marriage and potentially interfere with their relationship. To that end, most postnuptial agreements primarily focus on financial matters, specifically those pertaining to the division of rights and responsibilities over marital property and assets shared by both spouses.
In addition, a comprehensive postnup can also address which spouse has responsibility for:
- Marital debts
- Establishing Wills or Trusts
- Listing benefactors of life insurance policies
- Paying alimony or support during the marriage
In short, any issues relevant to a particular marriage may be factored into this kind of agreement, so long as doing so does not violate state law.
On that note, New Jersey law prohibits couples from making binding declarations about child custody, child support, or any other similar issues, within a postnup. A West Caldwell attorney can explain what a particular post-marital contract could cover in more detail during a private consultation.
Procedural Rules for Drafting a West Caldwell Postnup
While every postnuptial contract is unique, there are a few common rules that must be followed to be legally valid in New Jersey. Most importantly, the final arrangement must be in writing. That written document must be signed voluntarily by both spouses after each is fully informed of the other party’s assets and obligations.
Furthermore, anyone who wants to participate in drafting a postnuptial contract in West Caldwell has the right to retain a lawyer to represent their interests. If they elect to decline using legal representation, the party must knowingly and voluntarily waive their right to legal counsel and confirm that they understand the agreement prior to signing the final document. If any of these conditions are not fulfilled, or if a final agreement may be deemed “unconscionable,” potentially resulting in a court declaring the postnup invalid.
Contact a West Caldwell Postnuptial Agreement Attorney for Assistance
If you and your spouse are happily married, it may seem uncomfortable to seemingly plan for a divorce by drafting a contract that addresses all the issues which may arise. However, drafting a fair and equitable postnup can actually help strengthen a marriage in many situations, especially if both parties have help from experienced legal representation.
A West Caldwell postnuptial agreement lawyer can be the ally you need to effectively protect both your current and future best interests. Learn more by calling our office today.