Bergen County Postnuptial Agreement Attorneys
Protect Your Interests with a Postnuptial Agreement
If you are married, you should consider drafting a postnuptial agreement. This document can protect your financial interests, particularly if you and your spouse have accumulated significant assets during your marriage.
At the TMO Law Firm, we provide experienced representation in all aspects of family law. We can help you draft a postnuptial agreement or review an agreement you already have in place. We will work hard to protect your assets and your rights.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract that is entered into by spouses after they are married. This document can address many issues, including property ownership and spousal support.
New Jersey law does not require postnuptial agreements to be in writing, but it is highly recommended. A written agreement will help avoid any misunderstandings or disputes regarding the terms of the agreement.
Postnuptial agreements can be either written or oral. An oral agreement is not as legally binding as a written one. However, even a verbal agreement can be upheld by a judge if the terms are proven to be reasonable.
What Does a Postnuptial Agreement Cover?
There are no limits on what a postnuptial agreement can cover. The agreement can address any property or financial issues that the spouses would like to include. It can also be used to designate separate property and separate debts, as well as outline how assets will be divided in the event of a divorce.
Other issues that can be included in a postnuptial agreement include:
- Spousal support
- How the property will be owned
- How the property will be managed
- Who will make decisions for the children
- Other issues that are important to the spouses
Enforceable Postnuptial Agreements
To be enforceable, a postnuptial agreement must be fair and reasonable. If the agreement is found to be unfair, it will not be honored by the court. A judge will not enforce an unfair agreement if it is deemed to be one-sided and the spouse did not receive adequate legal representation.
In addition, a postnuptial agreement will not be enforced if the spouse did not fully understand the terms of the agreement. The agreement must be explained in a way that the other spouse can understand. If the other spouse did not fully understand the agreement, the agreement will not be enforced.
Contact Our Firm Today
Drafting a postnuptial agreement can protect your financial interests. If you already have an agreement, we can review the document to ensure that it is still valid and upholds the law. We can help you understand your rights and the terms of your agreement.
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