What is a Postnuptial Agreement?

What is a Postnuptial Agreement?

Do I Need a Postnuptial Agreement?

A postnuptial agreement is an agreement that a couple has entered into after they have been married. This type of agreement typically addresses the resolution and potential division of their financial affairs and assets should the couple divorce. Technically, there are two types of postnuptial agreements: mid-marriage agreements and end-of-marriage agreements. A mid-marriage agreement is defined as an agreement that is “entered into before the marriage [loses] all of its vitality and when at least one of the parties, without reservation, wanted the marriage to survive.” Pacelli v. Pacelli, 319 N.J. Super. 185, 190 (App. Div. 1999). Conversely, an end-of-marriage agreement is an agreement that is entered into “at a time when relations have already deteriorated.” Ibid.

The classification of a particular agreement affects the court’s analysis and enforceability of that agreement should one party need to enforce the mid-marriage agreement against the other. When a court is presented with a mid-marriage agreement, it must closely scrutinize and carefully evaluate the agreement, in addition to considering the agreement’s impact when enforced. As such, in a case where a person seeks to enforce a marital agreement, it is imperative that the agreement is accurately interpreted and properly classified.

Let Lyons & Associates, P.C. Help You With Your Postnuptial Agreement

The skilled and knowledgeable New Jersey family law attorneys at Lyons & Associates, P.C. have extensive experience in addressing drafting and enforcing postnuptial agreements. We invite anyone needing a postnuptial agreement or searching for advice to contact us online or give us a call at our office at 908-575-9777 to schedule a free consultation.

By: Joanna R. Adu, Esq.