What You Need to Know About Postnuptial Agreements in New Jersey

What is a postnuptial agreement?

Couples execute postnuptial agreements after marriage and before a possible divorce to settle the couple’s affairs and assets in the event of a separation or divorce. Here’s everything you need to know about postnuptial agreements in New Jersey.

Is a postnuptial agreement valid in New Jersey?

Postnuptial agreements are valid in New Jersey as long as both parties voluntarily agree to the postnuptial agreement terms. If a party coerces, blackmails, or frauds the other into signing the agreement, the agreement is invalid.

Related: Online Divorce in New Jersey

What makes a postnuptial agreement valid?

Valid postnuptial agreements must be in writing. Both parties must intentionally and voluntarily sign the postnuptial agreement. An agreement becomes null and unenforceable if evidence surfaces that one spouse pressured or threatened the other into signing.

Effective and enforceable postnuptial agreements must include full disclosure. Each party must disclose their assets, liabilities, and income to the other upon signing the agreement. A postnuptial agreement is unenforceable if one party relies on inaccurate or incomplete information. If spouses do not base the postnuptial agreement on the facts and circumstances, it is one-sided or otherwise grossly unjust against one party, the agreement becomes unenforceable.

Postnuptial agreements must comply with the laws of the parties’ respective states. Both parties must notarize their signatures for a postnuptial agreement to be legitimate. Some state laws may apply additional procedures, such as witnessing the parties’ signatures.

Related: Types of Divorce: What Are My Options?

What can a postnuptial agreement include?

  • How the couple will divide property and other assets if their marriage ends
  • Whether one spouse will pay spousal support and for how long
  • How marital debts will divide in the event of divorce, including mortgage loans, credit card debt, etc.
  • How assets will pass if either spouse dies during their marriage, including different provisions if divorce proceedings were underway at the time of the death

What does a postnuptial agreement not include?

A postnuptial agreement will not include the following:

  • Rules for the marriage unrelated to finances
  • Anything illegal
  • Terms involving child custody or support
  • Unfair or unreasonable terms
  • An incentive for divorce.

FAQs About Postnuptial Agreements in New Jersey

Can I write a postnuptial agreement without a lawyer?

Couples write a postnuptial agreement without a lawyer. When couples sign the agreement, a notary must be present to make sure the agreement is valid.

How long does a postnuptial agreement last?

A valid postnuptial agreement lasts until the judge issues a divorce decree.

Contact Us

If you or a loved one would like to learn more about Postnuptial Agreements New Jersey, get your free consultation with one of our Divorce Attorneys in New Jersey today!