Although many couples pursue pre-nuptial agreements to divide assets and legally settle other arrangements, it’s (almost) never too late to solidify “who gets what” in the event of a divorce on a legal document. Since it’s a legal document, you’ll want a Millburn family law attorney if you live in the Millburn, NJ region.
Post-nuptial Agreements are a popular activity for married couples who may want to either update a pre-nuptial agreement or create a document outlining their agreed division of assets in the event of divorce without a pre-nuptial agreement in place.
If you or your spouse are seeking qualified legal representation in NJ for a post-nuptial, don’t hesitate to call Goodgold West & Bennett LLC, one of the best Millburn family attorneys.
It’s Not Too Late for a Post-Nuptial Agreement
When it comes to a post-nuptial agreement in NJ, the law permits any married couple in the state of New Jersey to file for a post-nuptial agreement as long as they meet several requirements. Both spouses must enter a post-nuptial agreement freely of their own accord. They also both require legal counsel for the post-nuptial agreement to be valid.
Additionally, both spouses must fully disclose their assets in order for the agreement to hold up in divorce court if the marriage ends. A post-nuptial agreement must also have fair and equitable terms, or it may not be approved.
Why Would a Couple Seek a Post-Nuptial Agreement?
Couples don’t always opt for a post-nuptial agreement because of problems. Even a blissfully married couple who can’t imagine divorce may choose to get a post-nuptial agreement because of some other reason.
Often, couples will get a post-nuptial agreement when they’ve had a change in circumstances that drastically affects how they would like to divide assets and tackle other aspects of a divorce.
Sometimes, after couples have children, they may want to update the post-nuptial agreement to reflect their wishes regarding custody distribution or childcare arrangements in the event of divorce.
Other times, when the couple’s financial situation changes through one spouse stepping away from the workforce or the other spouse experiencing a salary increase, a post-nuptial agreement may be an important update to a pre-nuptial agreement.
How Can a Millburn Family Law Attorney Help You?
Talking about money, assets, wills, and divorce as a married couple can be difficult for even the healthiest, strongest relationships. When couples decide to put a post-nuptial agreement in place, they experience marital problems and want to protect themselves from a murky, messy divorce process.
Your attorney can play a large role in helping you decide on a post-nuptial agreement and advocating for your interests in the process. An attorney can also help navigate these difficult conversations and keep the discussions focused on the task rather than unproductive tangents. They can also inform your options.
Unfortunately, some may challenge this kind of agreement in divorce proceedings if it is not handled properly from the start. One spouse may challenge a post-nuptial agreement during the divorce.
If you are the spouse challenging the agreement, an attorney is a vital advocate to have in your corner. If you are defending the standing agreement, then an attorney is equally important in ensuring that your wishes are respected. The spouse challenging the post-nuptial agreement is more likely to be successful in going against the post-nuptial agreement if the agreement fails to satisfy all of the legal requirements in the first place.
Naturally, the best way to ensure that the post-nuptial agreement will hold up under the scrutiny of a divorce court judge is by enlisting qualified, experienced legal counsel from the very beginning of the process.
That is why both spouses must involve qualified legal counsel to assist them with a post-nuptial agreement. An investment in a strong legal team now can prevent losing costly battles down the road if the marriage ends.
While the post-nuptial process can be an emotional, difficult journey, we’re here to help you every step of the way. Seek help from Goodgold West & Bennett LLC today for legal counsel on your post-nuptial agreement and more.
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