What Constitutes Valid Postnuptial Agreements in NJ?

When you and your spouse get married, it’s not uncommon to intertwine many different aspects of your life, from where you live and your name to bank accounts and children. However, as your marriage progresses, financial concerns may grow, leading you to consider your legal options. Postnuptial agreements may be right for your circumstances. If you’re unsure what these documents are or what renders one valid, you’ll want to keep reading. The following blog covers these matters in further detail so you can make the best decision for your family. Additionally, you’ll learn why connecting with New Jersey prenuptial agreement attorneys is crucial to ensuring this document is deemed valid.

What Are Postnuptial Agreements?

Postnuptial agreements are contacts a couple will create after they’re married that details what will happen to their assets should they file for divorce. These documents protect assets obtained during the marriage that constitute marital property. Though it may be uncomfortable to talk about, discussing whether or not these are right for you is critical. Generally, a spouse will want to establish a postnuptial agreement if they come into a considerable amount of money during their marriage, like an inheritance.

You and your spouse may decide that a postnuptial agreement is also right for you if one of you comes into a considerable amount of debt. This can be considered a marital asset and can be split between you both in the event you should divorce. Creating a postnuptial agreement can help ensure that the person who is responsible for the debt will remain responsible during a divorce.

What Makes These Documents Legally Binding?

It’s important to understand that for these contracts to be legally binding, certain requirements must be met. Generally, one of the most important things you must do is ensure that these contracts are entered willingly by both parties. If a court has any reason to believe one party was forced or coerced into signing a postnuptial agreement, they can render it invalid.

Additionally, the courts will evaluate how fair they consider the agreement to be. You may find that if the way you have split assets favors one spouse while leaving the other with practically nothing, the courts likely will not deem this fair. As such, it’s imperative to ensure your assets have been divided in a just manner.

You should also know that your postnuptial agreement will not be deemed valid if you include terms and conditions regarding child custody and child support. This is because the courts believe that the best interest of the child may change over time, and therefore cannot enforce custody terms in a postnuptial agreement.

The best way to ensure your postnuptial agreement is valid is to work with an experienced attorney from Haber Silver Russoniello & Dunn when establishing your contract. Though you may think it’s easier to do this yourself, you can make errors that invalidate your plan, leaving you and your assets vulnerable. As such, our firm can help you achieve peace of mind for the future. Connect with us today to learn how we can guide you though these matters.