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What Constitutes a Valid Postnuptial Agreement in NJ?
Unfortunately, the future is uncertain. As such, it’s important to take the necessary steps to protect your interests. According to research over 50% of marriages end in divorce. Given this alarming statistic, it’s essential to consider all available legal options to protect your hard-earned assets in the event your marriage turns for the worst. One way you can ensure your financial security is by establishing a prenuptial or postnuptial agreement. Please continue reading to learn what makes these documents legally binding and how a dedicated Ocean County Prenuptial Agreement Attorney can help ensure it’s deemed valid.
What is a Postnuptial Agreement?
A prenuptial agreement is a contract that a couple signs before marriage, outlining how their assets, debts, and spousal support will be handled in the event the marriage fails or one of them dies. Essentially, it can address issues like fidelity, support orders, real estate, appreciation of property, inheritance, etc. For this document to be valid, it must be prepared in accordance with New Jersey law, satisfying the following requirements:
- It must be in writing
- Include a full and fair financial disclosure
- Each party retains independent counsel
- Executed before marriage
- Entered into willingly and voluntary
If you have already tied the knot and believe that you should have executed a prenuptial agreement, it’s not too late. If you and your spouse are willing to engage in the process, you can establish a postnuptial agreement. This is essentially the same document as a prenuptial agreement. However, it’s simply signed after the marriage.
What Makes This Document Legally Binding?
A postnuptial agreement can address numerous issues. However, it must meet certain requirements to be enforceable in court. It’s important to understand that it cannot have any language or provisions related to the children, such as a predetermined agreement related to custody, visitation, and child support rights. This is because the court prioritizes the best interests of a child, which may change over time. Therefore, the court will not enforce custody terms in a postnuptial agreement to safeguard a child’s overall well-being.
In addition, for these contracts to be legally binding, both parties must have entered willingly. If a judge has any reason to suspect a spouse was coerced into signing this agreement, it can be rendered invalid. This means the terms outlined in the postnuptial agreement would not be honored in the event the marriage doesn’t work out. Furthermore, the court will assess how fair the terms of the agreement are to each party. If it seems to favor one spouse, the court may not deem this just. As such, it’s crucial to work together to ensure the terms are fair.
The best way to ensure a postnuptial agreement is valid is to connect with a seasoned attorney from the Law Office of Sarina Gianna, LLC. Our dedicated legal team will help you achieve peace of mind for the future. Connect with us today to learn how we can guide you through each phase of this complex matter.
