Does the court need to approve a prenuptial or postnuptial agreement?

Courts do not need to approve prenuptial or postnuptial agreements executed by spouses before or during the marriage. However, if spouses negotiate a marital agreement as part of a divorce, they can ask the court to incorporate the terms of their agreement into the divorce judgment. Spouses with a prenup or postnup can also request to include the terms of those agreements in a divorce judgment. Incorporating a marital agreement into your divorce judgment can make it easier to enforce the terms of the agreement. If your ex breaches the terms of a marital agreement incorporated into your divorce judgment, you can file a motion to enforce. However, if you don’t include your agreement in the judgment, you must file a new breach of contract lawsuit if your ex violates the agreement.

Can a martial agreement be enforced if it isn’t fair to me?

Courts typically enforce prenuptial or postnuptial agreements even if a spouse later decides that the terms of the agreement have become unfair to them. A spouse may convince a court to invalidate an agreement if they prove their consent to the agreement was obtained through fraud, coercion, or undue influence by their other spouse or a third party. An example of fraud that may invalidate a prenup or postnup includes one spouse concealing crucial financial information.

New Jersey Marital Agreements Lawyer | Prenuptial and Postnuptial Attorney Red Bank, NJ

Prenuptial and Postnuptial Attorney in Red Bank Advocates for Clients to Stand Up for Their Rights and Interests in Marital Agreements in Monmouth County, Ocean County, Middlesex County, and Throughout NJ

An increasing number of couples sign prenuptial or postnuptial agreements. Many couples see the benefits of having a prenup or postnup. These agreements allow spouses to resolve financial and personal matters that may arise in a separation or divorce while the couple still has a good relationship. Settling these issues becomes much more complex once a couple has decided to split, as their relationship may have already soured. Get help from a New Jersey marital agreements lawyer from our firm if you and your spouse have considered or are negotiating a prenuptial or postnuptial agreement. Our award-winning, top-rated family law group can provide the trusted counsel and aggressive advocacy you need to protect your interests and future.

Contact Joseph J. Russell Divorce & Family Law Attorney, for an initial case evaluation to speak with a prenuptial and postnuptial attorney in Red Bank about negotiating a marital agreement with your spouse. We can advocate for your interests in a prenup or postnup or help you understand your rights and obligations under your existing agreement.

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How Prenuptial Agreements Work

A prenuptial agreement is a marital agreement that a couple agrees to before marriage that goes into effect upon their wedding. Prenuptial agreements allow couples to define what property they want to consider separate or marital, and how to handle their income and assets upon separation or divorce. Prenups can settle issues that may arise in divorce, such as equitable division and alimony/spousal support. Thus, couples can negotiate and resolve these issues before their relationship deteriorates to the point that the spouses get divorced.

Issues that a prenuptial agreement may cover include:

Each spouse’s rights to property owned before the marriage or acquired during the marriage
How to divide assets in the event of a separation or divorce
Each spouse’s rights to spousal support and the specific amount of support
Rights to life insurance benefits
Obligations to obtain life insurance policies, establish trusts, or write wills to carry out the terms of the prenup

While couples may negotiate the issue of spousal support in a prenup, they cannot negotiate child support since the law considers child support to belong to the child and precludes parents from negotiating that right away.

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How Postnuptial Agreements Work

A postnuptial agreement includes any marital agreement that spouses enter after marriage. Couples may enter a postnuptial agreement to resolve economic issues during separation or divorce or to amend a prior prenuptial/postnuptial agreement. Postnuptial agreements can cover the same topics and issues addressed by prenups. Although spouses may create a postnup at any time during their marriage, couples frequently negotiate these agreements when separation or divorce becomes imminent. Postnups can make divorce litigation more efficient by having couples resolve the outstanding issues in their divorce rather than litigating them in court.

As with prenuptial agreements, spouses negotiating a postnup should exchange financial information and retain their own legal counsel. Complete financial disclosures and independent counsel will help ensure the validity and enforceability of the agreement by removing any possibility of fraud, duress, or coercion.

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Why Turn to a New Jersey Marital Agreements Lawyer to Help You Negotiate a Prenup or Postnup

Negotiating a prenup or postnup can help you avoid the expense and emotional turmoil of litigating disputes after a separation or divorce. You need a prenuptial and postnuptial attorney in Red Bank to help you negotiate a fair agreement that protects your interests. When you contact our firm for help with a marital agreement, you can expect our legal team to:

Gather financial information and other documents to thoroughly understand your and your spouse’s circumstances.
Sit down with you to discuss your legal options.
Review any prenups or postnups your spouse has presented you with and explain the agreement’s terms to you.
Advocate for your interests at the negotiating table, working out a fair agreement with your spouse or their attorney.
Help you negotiate a modification of a prenup/postnup as your family’s circumstances change.

Contact Joseph J. Russell Divorce & Family Law Attorney, to Discuss How a Prenuptial and Postnuptial Attorney in Red Bank Can Protect Your Interests

Don’t leave your future to chance. A prenuptial or postnuptial agreement can provide clarity and security if your marriage ends. Contact our firm today for a confidential consultation to speak with a New Jersey marital agreements lawyer about the suitability of a prenup or postnup for your relationship or to learn more about your rights under your existing marital agreement.

New Jersey Marital Agreements Lawyer