Post-Nuptials Attorney in New Jersey

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, a post-nuptial agreement 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-nuptial agreement can negotiate issues of support and distribution of assets and debts. However, provisions involving children will generally be held valid.

When should a post-nuptial agreement be signed?

A post-nuptial 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?

Post-nuptial 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?

Post-nuptial agreements, by their very nature, 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 post-nuptial agreement to avoid a divorce and preserve the family unit.

Blog
We Hope to Eradicate the “not established” Standard

Every year, there are approximately 90,000 allegations of child abuse and neglect in New Jersey. Of  cases reported in 2019, 67,000 were determined to be “not established” by the State’s Division of Child Protection and Permanency (DCP&P). The determination of “not established” is problematic and not much of a legal standard.  The “not established” category…

Read More
News
Rita Aquilio Attends ABA’s Section of Litigation Winter Leadership Meeting

Rita Aquilio, a divorce and family law attorney with Lawrence Law, attended the American Bar Association’s Section of Litigation Winter Leadership Meeting on January 16-18, 2020, at the Loews Hotel in Miami Beach, Florida. Aquilio attended the winter leadership meeting, an invitation-only event, as Co-Chair of the American Bar Association’s Section of Litigation Family Law…

Read More
News
Jeralyn Lawrence Published in The Clarion

Jeralyn Lawrence, Founder and Managing Member of Lawrence Law, had an article published in Volume 10, Issue 2 of The Clarion. Lawrence’s article, published in January 2020, discusses equitable distribution of negative equity.  It addresses the issue when one party to a marriage seeks to retain an asset that, at the time of trial or…

Read More
News
Jeralyn Lawrence to speak at the 2020 Family Law Symposium

On Saturday, January 25, 2020, Jeralyn Lawrence will participate in New Jersey ICLE’s 2020 Family Law Symposium which is being presented in cooperation with the New Jersey State Bar Association Family Law Section. Lawrence will discuss The Alimony Factors – How to Effectively Apply Alimony Factors to Determine the Amount of an Alimony Award and…

Read More
Blog
Is January Really “Divorce Month?”

“Divorce Month” Fact or Fiction: Do More Couples Split in January? was a recent article that I came across in the New York Times. The article discusses the belief that January is the busiest month of the year for divorce filings. The article’s information is consistent with my experiences after practicing family law for many…

Read More
Call Now ButtonCall Us