Post-nuptial agreements, like pre-nuptial agreements but after marriage, are usually entered into for monetary reasons – if a spouse inherits a large sum of money, or has a change in jobs – the post-nup will outline for the parties who is entitled to what.
Frequently Asked New Jersey Post-Nuptial Agreement Questions
What is a post-nuptial agreement?
In New Jersey, it is similar to a prenuptial agreement except that it is a contract made between spouses during the marriage.
What can be negotiated in a post-nuptial agreement?
Like prenuptial agreements, spouses entering into a post-nup can negotiate issues of support and distribution of assets and debts. However, provisions involving children will generally be invalid.
When should a post-nuptial agreement be signed?
This type of agreement may be signed at any time during the marriage. However, there may exist challenges when parties seek to enforce post-nuptial agreements. To the extent possible, parties should consider entering into a prenuptial agreement in lieu of entering into an agreement impacting their rights post-marriage.
In New Jersey, what is required for a post-nuptial agreement to be upheld by the court?
These agreements must be in writing and knowingly and voluntarily entered into by both spouses with a knowledge of all financial circumstances. It is important that each party have an opportunity to retain counsel, or affirmatively waive his/her opportunity to do so in writing.
What are the reasons why a post-nuptial agreement may be declared invalid by the court in New Jersey?
By their very nature, they are challenging to enforce. As the proposed agreement is to be made during the marriage, our courts are particularly concerned about fairness and whether or not a spouse may have felt coerced or threatened to enter into a this type of agreement to avoid a divorce and preserve the family unit.
