Marriage is very often the most exciting time in a couple’s life. People plan for weeks or months for their big day because they want everything to work out perfectly. Unfortunately, sometimes these marriages do not work out, and couples who did not file a prenuptial agreement wish they planned for the worst. If you are married and have not drafted a prenuptial agreement, you may still draft a document that will function almost exactly the same, called a postnuptial agreement. You and your spouse may draft a postnuptial agreement regardless of the state of your marriage. Plenty of perfectly happy couples draft postnuptial agreements, especially when there is a significant shift in financial circumstances. If drafting a postnuptial agreement with your spouse sounds like something that may appeal to you, here are some of the questions you may have:
What issues can my postnuptial agreement address?
Once you have clearly and honestly communicated your reasoning for drafting a postnuptial agreement, you and your spouse may begin discussing the various issues you wish to address. Some of the most common reasons couples draft postnuptial agreements are as follows:
- The couple did not define their financial relationship in a prenuptial agreement
- One or both parties are seeking financial support for children from a previous marriage.
- Financial insecurity is affecting the quality of a couple’s marriage
- Both parties want to avoid the expense, stress, and uncertainty of the litigation process
- One party’s financial circumstances have greatly changed. For example, a getting raise or a new job, receiving a large inheritance, or even the acquisition of stocks may warrant a postnuptial agreement.
What constitutes a valid postnuptial agreement?
The five primary qualifications for a legally enforceable postnuptial agreement are as follows:
- Each party’s finances and assets are truthfully and accurately disclosed in the agreement
- There is no evidence of manipulation, deceit, or emotional pressure by either party
- Both parties have a reasonable amount of time to reach an informed and thoughtful decision regarding whether or not they should sign the agreement
- Each party retains separate legal counsel, or else explicitly waives their right to counsel in writing
- The terms are “fair and reasonable” to both parties.
If you are considering drafting a postnuptial agreement with your spouse, please do not hesitate to reach out to our firm. We can help the process move along swiftly and efficiently so you can get back to focusing on the most important things in your life.
Contact our experienced New Jersey firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.