What is the Difference Between Prenuptial & Postnuptial Agreements in New Jersey?

We all work hard to earn our financial assets, but when a couple gets divorced, without a prenuptial or postnuptial agreement in place, there’s a significant chance that their marital assets will be distributed between them. If you’re looking to protect what’s yours, one of the best ways to do so is through a prenuptial or postnuptial agreement. Read on and reach out to our Bergen County family lawyers to learn more about these agreements and what they can do for you. Here are some of the questions you may have:

What can I protect in a prenuptial agreement?

If you’re not yet married, you may draft a prenuptial agreement with your future spouse. You can protect various assets in such an agreement, including inheritances, stock options, funds held in bank accounts, retirement plans, and overall terms regarding how property should be distributed between you, should you ever get divorced. You may also outline a future alimony obligation in your prenuptial agreement.

What makes a prenuptial agreement valid and enforceable in the eyes of the law?

Of course, any legal document that isn’t considered valid and enforceable virtually means nothing when it comes time to use it. For this reason, it’s very important you hire a competent attorney to help you draft up your agreement to help ensure it can serve its intended purpose, should the time come when you and your spouse decide to get divorced. For a prenuptial agreement to be considered valid and enforceable, it must meet the following criteria:

  • The agreement is in writing
  • The agreement fully discloses each spouse’s assets
  • The agreement is fair and just to both parties
  • The agreement shows no evidence of coercion or deceit in signing the document
  • Both spouses can confirm they’ve had enough time to consider the implications of the agreement
  • It must be executed before marriage

How is a postnuptial agreement different from a prenuptial agreement?

If you are already married, you can no longer draft a prenuptial agreement, however, you can draft a document known as a postnuptial agreement. Postnuptial agreements serve the same essential purpose as prenuptial agreements, only they are exclusively drafted after a marriage. If you’re looking to draft either agreement, you’ve come to the right place. Our legal team has significant experience preparing and executing these documents on behalf of our clients, and we’re prepared to efficiently do the same for you. Give us a call today so we can get started.

Contact our experienced New Jersey firm

We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.

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