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Why you should consider a postnuptial agreement

On Behalf of | May 14, 2021 | Divorce

It isn’t uncommon for couples in New Jersey to create prenuptial agreements. These agreements can be used to classify assets as separate property or determine if either party to a relationship is entitled to alimony if the marriage fails. If you decide not to create a prenuptial agreement, it may be possible to execute a similar type of agreement after your wedding takes place.

What to know about postnuptial agreements

As the name suggests, a postnuptial agreement is a contract that you enter into with your spouse after a marriage becomes official. In some cases, it is used by couples who are trying to salvage a rocky relationship by defining some boundaries. It can also be used to help protect ownership interest in a business that you created or a family home that was purchased with separate funds.

Will such an agreement be enforced by a judge?

The terms of a postnuptial agreement will usually be enforced assuming that neither party is forced to do anything illegal. Furthermore, this type of agreement must be strictly focused on property division, alimony and other financial issues. It will likely be invalidated if it contains language related to child support or child custody. It might also be struck down if it contains language related to domestic affairs that courts generally don’t concern themselves with. In most cases, the same rules that apply to premarital agreements will hold true for postnuptial documents.

If you are planning on ending your marriage, it’s generally a good idea to speak with an attorney. Your legal adviser may review a prenuptial or postnuptial agreement to determine if its terms can still be enforced. It is also a good idea to consult with an attorney before signing any type of contract to ensure that doing so is in your best interest.