What is needed to conclude a post-uptial agreement? While a post-uptial agreement can be reached and signed, if a couple decides to divorce, one of the spouses can challenge the agreement. The agreements may be challenged on the grounds that the terms of the agreement are not met or that the agreement reached was somehow unacceptable to one of the parties. If the post-uptial agreement is unfair, or if it strongly favours one spouse over another, it can be challenged in court. While each spouse can challenge the agreement in court, the challenger must use evidence and arguments to prove his or her case. A post-uptial agreement is a contract like a prenupe that the two parties conclude together. However, the main difference is that after the marriage of the parties, a post-marital agreement, i.e. “post-marriage,” is entered into. As in the case of a prenup, a postnup is usually done for monetary reasons. If one of the parties has a change of employment or inherits a large amount of money, it is customary to design a postnup to reflect these financial changes in marriage. As a prenup, once designed, the postnup is designed for parties who are entitled to how much of the inheritance, for example. Ensuring that a post-marital agreement meets these conditions is an important element of a successful agreement and it is often equally important to work with a lawyer who understands the nuances of the law that governs such agreements, as well as the negotiation process that goes into their creation. If it turns out that an agreement is against the law, it can be considered totally or partially unenforceable, which can have negative consequences. For more information on the requirements of a post-nuptial agreement, contact a competent NJ Postal Agreement lawyer.
Post-marital agreements can even be entered into if the spouses have already signed a pre-marital contract. The successful post-marriage agreement will take over from the previous pre-marriage agreement, although the initial preliminary agreement may be the cornerstone of the new post-marriage agreement. Unlike prenupential agreements, post-nups are specially designed for couples who are already married. In the new jersey, post-nup couples can help married couples plan to share all assets and debt if they separate, divorce or die. In addition, marital issues – such as abstaining – can be included in the agreement. Contrary to what many believe, custody of children cannot be entered into a post-marriage contract. As a New Jersey lawyer, after I have explained the pros and cons of a post-marital arrangement, they generally decide not to. Simply put, there is simply too much exposure when you throw the documented out of court to justify the necessary legal fees, time, energy and unavoidable stress. Moreover, and this is my professional and personal opinion, if a marriage is in such a crude form that a post-marital arrangement is even necessary, the relationship is probably in or very close to the near final state.
As in most states, post-marriage agreements in New Jersey are generally held to the same standard as the marital agreements that are to be found in New Jersey revised statutes are 37-2-31 to 37-2-40. Under national law, pre-marital agreements are enforceable only if they are signed in writing, signed by both parties and certified notarized. Both parties must also provide the other spouse with full disclosure of their assets and have access to independent counsel throughout the contractual process. New Jersey`s post-nuptial agreements can be obtained by any couple in the state of New Jersey, including: few people marry with the idea that they can ultimately be divorced. However, many circumstances can change without notice, which applies to both marriages and any other aspect of life. If circumstances in a marriage change and there is no marriage agreement or if there is a marital agreement that does not easily address current concerns, a post-uptial agreement may be fair to you and your family.