New Jersey couples trying to protect themselves and their interests post-marriage should understand the value of a postnuptial agreement. This differs from a prenuptial agreement.
Know the facts about postnuptial agreements
There are benefits and drawbacks with postnuptial agreements. On the plus side, it gives more leeway in gauging finances. The spouses see firsthand how the other handles money.
Once the couple is married, they will move forward with getting jobs, purchasing property, having children and more. The postnuptial agreement will have more information than a prenuptial agreement. Finally, a postnuptial agreement can better shield beneficiaries like children from a prior relationship.
As with any agreement, there are negatives. Considering a postnuptial agreement implies that divorce is up for discussion. If one person broaches the subject, it could blindside the other and put the thought of ending the marriage on the table when it otherwise would not be.
The sides might not be able to agree. An impasse could lead to arguments. In many marriages, one person earns more than the other. Before the marriage, it is possible they were on equal footing. This could result in inequality and the feeling that a person who does not earn as much is being taken advantage of or is forced to agree to the terms.
Finally, in the context of marital agreements, a postnuptial agreement is scrutinized by the court to ensure its fairness. It could be more difficult to enforce than a prenuptial agreement.
It is wise to know the facts about postnuptial agreements
When thinking about a postnuptial agreement, it is imperative to be fully aware of all it entails. As with any legal document, its validity is key. Knowing how to construct the postnuptial agreement for maximum protection should be a priority from the outset.