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What is a postnuptial agreement?
Postnuptial agreements outline the same concepts as a prenuptial agreement does. They are made to clarify what assets and property belong to each spouse. This can protect their assets upon divorce proceedings. It can prevent future arguments or any form of litigation involving the assets. As with a prenuptial agreement, postnuptial agreements should not mention child support or child custody. These matters are not decided in these documents.
Is this the same as a prenuptial agreement?
A postnuptial agreement and a prenuptial agreement are basically the same thing. Each document clarifies what is owned by each spouse. They are written down to ensure that the couple will not have to fight over certain assets. However, the only difference is when these documents are made and signed. A prenuptial agreement is made before the wedding ceremony has occurred. This means that the couple is signing the document before they are officially married. The postnuptial agreement is signed after the wedding ceremony. At the time the postnuptial agreement is laid out, the couple will have already been officially married. But the postnuptial agreement presents the same opportunity to split assets in marriage.
Why do people decide to get a postnuptial agreement?
After couples are married, their assets may have changed. One spouse may have recently acquired a high net worth or a business. This could incline them to consider the binding document. One spouse may have inherited money or other possessions from a family member or loved one. They may wish to protect this asset by getting a prenuptial agreement signed by both parties. If individuals acquired prized possessions of family importance, they may wish to keep it in the family by claiming it in the document.
How is a prenup binding?
To ensure that a prenuptial agreement is legally binding, it must be in the form of a written document. Both parties should have voluntarily agreed on getting a prenuptial agreement and willingly accepted the details of the document. To make the document as honest as possible, there needs to be a full financial disclosure presented in this agreement. The agreement must prove to be fair and just for both spouses involved. When it is decided upon, it must be notarized to prove that it is legally binding.
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.
