Are Postnuptial Agreements Enforceable Under New Jersey Law?

Young mom with her daugher at psychologist consultation

Everyone has heard of prenuptial agreements, or “prenups”. Spouses often enter into these legal contracts before they get married so that some issues are predetermined if they later divorce. For instance, a common subject of a prenuptial agreement is property division. If one individual anticipates receiving a substantial inheritance or valuable work of art during the marriage, he or she may want a prenuptial agreement stating that the item belong solely to him or her if the parties should divorce in the future. If the couple then divorces, a legally valid and proper prenuptial agreement should protect that individual’s right to maintain sole ownership of the art piece or inheritance, despite the fact that he or she received it during the marriage.

New Jersey has a specific statute that guides the specific requirements for a valid prenuptial agreement. In any case, in order to be legally valid, a postnup must be in writing, notarized, and executed only after there has been fair disclosure of assets by both spouses. Additionally, both spouses must have signed the postnup without duress or coercion.

On other hand, a far less common type of agreement is the postnuptial agreement. This contract may be similar to a prenuptial agreement in terms of its subject matter, but the parties enter into postnup after they already are married. Like a prenup, a postnup typically involves financial matters; you cannot decide issues like child custody in either type of agreement. If one spouse is set to receive a large inheritance in the near future, for example, then he or she may want a postnup to prevent the other spouse from having any right to any portion of the inheritance if they end up getting divorced. A postnup may modify or replace an existing prenup, or it may be a stand-alone agreement, usually created if there has been a substantial financial change or marital troubles. Postnups are viewed critically because of the circumstances which surround their entry.

At Argentino Family Law & Child Advocacy, LLC , we know how to handle all of the different issues that New Jersey cases involve with respect to families and children, including issues related to property and debt division. We pride ourselves on always being up-to-date and knowledgeable of any legal developments involving New Jersey family law. We are here to help guide your through your legal proceedings, because we know just how stressful and emotional these kinds of cases can be.

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