Prenuptial and Postnuptial Agreements
Prenuptial agreements are a tool used to protect individual’s assets and legal rights prior to entering into a marriage. Because the nature of each person’s relationship is so unique, there are many different aspects and details that should be considered when crafting a prenuptial agreement. New Jersey law requires a prenuptial agreement to be in writing and that each party entering into the agreement have access to legal representation before entering into an agreement. These agreements cannot place one party at a disadvantage to benefit the other. It also must provide for certain financial disclosures and cannot be enforced with illegal terms. While there are complexities of creating a prenuptial agreement, there are many benefits. Brick Law can help make this process as easy as possible.
Postnuptial agreements, similar to prenuptial agreements, require a writing and can be formed after two parties have already married. As like prenuptial agreements, there are certain financial disclosures that must be made to the other party and both parties must have the opportunity to access counsel. Postnuptial agreements often occur after one party receives an inheritance, gifted funds or a new job. It can also occur for many other reasons including challenging marital times. Provisions in an agreement related to children are typically excluded in both prenuptial and postnuptial agreements due to the fact that children are not considered assets and have independent protected rights. Therefore, child support and custody are typically restricted from agreements. Brick Law can help with the creation of a postnuptial agreement.