A post-nuptial agreement is essentially the same thing as a prenuptial agreement; the only difference is that a post-nup is executed after the wedding instead of before but still provides a married couple with the security of knowing how assets and debts will be divided in the event of a divorce.
While some people may think that prenups and post-nups take all the romance out of a relationship, it could be argued that they do just the opposite by making a couple feel more secure about their future so that if the worst does happen, they have already agreed on the hard decisions. Some other benefits of a post-nuptial agreement include:
- Avoiding conflict and saving money on legal fees, making the divorce process less stressful if it comes to that.
- Gives both spouses clarity about their finances, which can be useful for couples who struggle when it comes to discussing money and in cases where only one spouse handles the finances.
- Elimination of insecurity by putting in writing what each spouse is entitled to in case of a divorce, which can actually make both spouses feel more secure in the marriage.
- Protection for children from prior marriages.
- Protection for a family business.
- Protection of each spouse’s privacy when a social media clause is added to a post-nup that prevents either spouse from discussing any aspect of their divorce on social media.
- Infidelity prevention, when a clause is added that provides for financial penalties if either spouse is unfaithful. It has been reported that Jay-Z and Beyonce created a post-nup to get their marriage back on track after his alleged infidelities.
To create an enforceable post-nuptial agreement in New Jersey, both spouses need to be represented by their own attorney and provide a full financial disclosure. In addition, neither spouse can be forced to sign a post-nuptial agreement under duress.
It is important that you do not wait too long to retain an attorney when you are facing a family law issue. Delays can cost you valuable legal rights, and you want to make sure that you have the advice and support you need to make the best decisions for you and your family long after the divorce settlement is reached. Contact us today for your free consultation.