As the name implies, a postnuptial agreement is a contract a married couple enters after marriage. They are typically used by those trying to save their relationship or who need to update a prenuptial agreement several years or decades old. New Jersey law generally upholds postnuptial contracts as long as they are considered fair and just.
Issues a postnuptial agreement might address
A postnuptial agreement may address issues such as dividing an inheritance or providing for a spouse who stayed at home when the kids were young. It may also be used to ensure that family members are reimbursed for some or all gifts made during a relationship that ultimately ends in divorce.
Child custody or support matters
Generally speaking, any language related to child support or custody issues cannot take effect without a judge’s blessing. However, parents are allowed to craft the framework of a custody or support plan in a premarital agreement or at any other point before a divorce. If the terms of such a plan are considered to meet the best interest of the child standard, it will likely remain in place.
The components of a valid agreement
The fair and just standard is seen by many as subjective. However, you may improve your odds of having an agreement upheld by ensuring that it is in writing and that there is proof that complete disclosures were made before the document was executed.
A postnuptial agreement may make it easier to settle a divorce promptly and relatively amicable manner. It may also help to ensure that you protect important assets or otherwise receive a fair and equitable settlement as required by state law.