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During the course of your marriage, you or your spouse may experience an unanticipated, life-changing event, such as starting a successful business, securing an extremely high-paying job, or coming into significant assets through an inheritance or winning the lottery. When these life changes occur, you may decide that it is necessary to have a postnuptial agreement to protect yourself and your family in the event you and your spouse decide to end your marriage in divorce. A postnuptial agreement can be used to establish a new economic agreement between you and your spouse following a life-changing event, or to amend a prior prenuptial agreement; a postnuptial agreement can also be used to reach agreement between you and your spouse on financial and personal issues when you are both actively contemplating or pursuing divorce.
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You’ve worked hard to build a life and wealth during your marriage. That is why you need experienced legal representation that will look out for your rights and interests and advocate for getting you a favorable outcome in your postnuptial agreement. Contact Team Law today for a no-cost initial case evaluation to talk to one of our knowledgeable family law attorneys about your situation and concerns and to learn more about how our firm can help protect your rights and interests in a postnuptial agreement.
Postnuptial agreements are entered into by spouses once they have already been married. Couples may choose to enter into a postnuptial agreement for several reasons, such as to amend a prior prenuptial or postnuptial agreement, to establish an economic agreement between spouses for the first time if one or both spouses experience a significant increase in their fortunes (due to a new job, a successful business, an inheritance, or lottery or gambling winnings), or to resolve economic issues between the spouses for an impending divorce. As a result, postnuptial agreements can cover issues such as:
Like with prenuptial agreements, postnuptial agreements cannot be used to negotiate issues like child custody or child support. Postnuptial agreements are intended solely to resolve economic and other personal issues between spouses; children, of course, are not “assets” that can be negotiated, while the right to receive child support belongs to the child, not to the parent that actually gets the child support payments, and therefore cannot be negotiated by the child’s parents.
Few people who get married expect to get divorced. Unfortunately, recent statistics show that the majority of all marriages do end in divorce. As a result, it is not unreasonable for you and your spouse to take steps to reach mutual agreement on how to resolve your financial and personal affairs in the event of your divorce. At Team Law, we recognize spouses who negotiate postnuptial agreements may not have equal financial or bargaining positions. That is why our attorneys work diligently to ensure that your rights and interests are fully protected during the agreement drafting process. And if you have questions or concerns about the validity of a postnuptial agreement you were asked to sign or questions about its fairness to you, we stand ready to thoroughly investigate the circumstances of your agreement and vigorously advocate against its enforcement if we find that the agreement or its negotiation violated your rights or is fundamentally unfair to you.
If you are trying to negotiate a postnuptial agreement with your spouse, or if you are trying to enforce your agreement against your ex-spouse who has breached the terms of the agreement, you need an experienced family law attorney who can vigorously protect your rights and interests and fight to get you the outcome you deserve. Contact Team Law today to schedule a free, no-obligation case evaluation with one of our knowledgeable New Jersey family law attorneys to learn more about how our firm can help you with your postnuptial agreement.
Generally speaking, New Jersey courts will enforce postnuptial agreements, provided the court finds that both parties had independent legal counsel, both parties provided full disclosure of material information relevant to the issues covered in the agreement, the terms of the agreement are fair and equitable to the parties, and neither party engaged in coercion, duress, or undue influence to try to obtain the other spouse’s consent to the agreement.
If you and your spouse enter into a postnuptial agreement to decide issues as part of your divorce, you may have the court incorporate your postnuptial agreement as part of the final judgment of divorce, although you are not required to do so. The primary benefit of having the court incorporate your postnuptial agreement into the judgment of divorce is that it will make it easier to enforce the agreement in the event your soon-to-be ex-spouse fails to abide by the agreement. As part of the court’s judgment, your postnuptial agreement becomes a court order and in the event of your spouse’s breach you can file a motion to enforce. If your postnuptial agreement isn’t made part of the judgment of divorce, if your spouse breaches the agreement you will have to file a new legal action for breach of contract.
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Family Law Information Center