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It is a common misconception that postnuptial agreements are only established by couples who suspect themselves to be on the pathway toward divorce. On the contrary, there may be varying circumstances why you and your spouse want to protect yourself with this legal document. For example, you may have received an inheritance after your loved one has sadly passed away. Or, your spouse may have started their own business during your marriage. At any rate, please continue reading to learn what topics can be covered in a postnuptial agreement and how an experienced Morristown prenuptial agreement lawyer at Graves Andrews, LLC can help you and your spouse establish a legally enforceable one.

What topics can and cannot be covered in a postnuptial agreement?

Primarily, postnuptial agreements are equipped to cover property rights and other financial-related matters in the unlikely event that you and your spouse divorce. More specific examples of what terms and conditions you may set out in this legal agreement are as follows:

  • The way your marital assets and debts should be divided in the unlikely event of divorce.
  • The way your financial responsibilities should be divided during your marriage and in the unlikely event of divorce.
  • The way alimony responsibilities, plus its type, amount, duration, etc., should be assigned in the unlikely event of divorce.
  • The way inheritance rights over certain assets should be handled for children from your or your spouse’s previous marriage.
  • The way your and your spouse’s business interests, investments, and shares should be handled in the unlikely event of divorce.

With that being said, since postnuptial agreements exclusively focus on money matters, they cannot cover divorce-related terms such as your child custody and child support orders. Rather, in the unlikely event of divorce, the New Jersey family court will have the final say on these arrangements. This is because they will know how to coordinate arrangements that work in your child’s best interest.

How can my spouse and I establish a valid and enforceable postnuptial agreement?

Simply put, your postnuptial agreement will not carry any weight in your potential, future divorce proceedings if they are not legally valid and enforceable in the first place. That is, when establishing this document, you and your spouse must ensure the following transpires:

  • You and your spouse must retain your own, independent legal representation.
  • You and your spouse must not enter the postnuptial agreement under duress or coercion.
  • You and your spouse must disclose the full extent of your assets/earnings and debts/obligations.
  • You and your spouse must agree that the postnuptial agreement’s conditions are fair and equitable.
  • You and your spouse must put the postnuptial agreement in writing, with it being signed and notarized.

If you are looking for more clarity, please allow a skilled Morristown family law attorney to offer it. Schedule an appointment with Graves Andrews, LLC today.