A postnuptial agreement is a marital agreement that’s entered into after a couple gets married. This document can outline how property and assets will get divided in the event of a divorce, and it can also spell out alimony and child custody arrangements. New Jersey couples who are married and didn’t enter into an agreement before their marriage may want to consider creating a post-nuptial agreement.
Speak with your partner
Most couples encounter problems simply because they don’t communicate with each other. Before you begin drafting a postnuptial agreement, make sure to talk to your partner about why you think it’s important that one be drawn up. Be respectful and open-minded in these discussions – both of you should feel comfortable with the terms of the agreement.
Agree on terms
Once you have discussed the postnuptial agreement with your partner, it is important that both of you agree on the terms. This should include how assets and property will be divided in the event of a divorce or death. You should also discuss any financial obligations that each spouse has. Consider asking for legal advice if you need help understanding the legal implications of your agreement.
Draft the agreement
Now that you have discussed the marital agreement with your partner and agreed on the terms, it is time to draft the document. It’s important for both of you to be honest about all assets, liabilities and debts when completing the postnuptial agreement. Make sure that both parties understand what they are signing – don’t rush through the document.
Have the agreement notarized
Once the postnuptial agreement is written, both parties should have it notarized. This ensures that each party’s signature was witnessed and verified by a third party. The notary will also provide proof of validity in case either spouse challenges the document in court.
One of the biggest reasons that couples don’t create postnuptial agreements is because they think it will ruin the relationship. This isn’t true – in fact, it can help build trust and confidence in your relationship by making sure everyone is on the same page about their finances.