Michelle L. Ringel
PartnerMount Laurel Family Law Mediatio...
Read More by AuthorA postnuptial agreement can provide similar benefits to a prenuptial agreement. When possible, we always recommend couples enter into a premarital agreement before the wedding rather than waiting to enter into a postnuptial or mid-marriage agreement. However, often married couples enter into postnuptial agreements when they are looking to supersede their prior prenuptial agreement.
However, New Jersey Courts often view postnuptial agreements with heightened scrutiny in comparison to premarital agreements. This is because when you are entering into a premarital agreement, either party is free to walk away from the relationship before the wedding. However, with a postnuptial agreement, you and your spouse already have a fiduciary duty to the other and the Courts are particularly concerned about fairness and whether a spouse may have felt coerced to enter into the postnuptial agreement to preserve his/her marriage and family.
Please reach out to a family law attorney if you are interested in preparing a postnuptial agreement to ensure the agreement is properly drafted.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.