If you are thinking about getting a divorce, it may be in your best interest to negotiate the terms of the split before it takes effect. In some cases, the process of creating a postnuptial agreement may help you work through the issues that you’re having with your spouse. At a minimum, having such an agreement can make it easier to end your marriage without the need to involve a New Jersey judge.
Postnuptial agreements address property rights
Creating a custom marriage contract may make it easier to clarify the status of a given asset. For example, the document may stipulate that you retain full control of your business if your marriage comes to an end. It could also stipulate that your spouse would retain the family home or any money that is currently in a joint bank account.
Decisions about how financial issues would be resolved
A marital agreement may allow you and your spouse to decide how to divide any debt that was accumulated during the marriage. In fact, it can also be used to resolve disagreements about how to pay for debts that were brought into the relationship. For example, the agreement could say that you are responsible for your own student loan debt while your spouse will take care of her own credit card debt. This type of document might also be used to determine if either party to the marriage is entitled to alimony.
Provisional plan for child custody
It’s important to note that a parenting plan can’t go into effect until after it’s approved by a judge. However, you can start thinking about how you would want to address child custody, child support or similar issues if the marriage came to an end.
While your marriage may seem to be on thin ice, it may not be in your best interest to file for divorce. Instead, it may be a good idea to talk to your spouse about possible ways to improve the relationship.