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Postnuptial Agreements

Chester, NJ Postnuptial Agreement Attorneys protecting clients in Mendham, Chatham and Randolph

Morristown Postnuptial Agreement Attorneys

Postnuptial agreements, like prenuptial agreements, are designed to protect the financial interests of each party in a marriage, civil union or domestic partnership in the event of divorce or death.  If there are problems in the relationship but the parties want to try and stay together, a postnuptial agreement may resolve problems by making one or both parties feel protected financially.  It is always easier to resolve issues prior to the full dissolution of a marriage and a postnuptial agreement can save the parties from the substantial costs associated with litigating asset distribution during a divorce when spouses or partners often find it difficult to communicate.  The attorneys at The Darling Law Firm have the knowledge and experience to ensure you do not enter into an agreement which is unfair to you or unenforceable against the other party.

 

Reasons to Consider a Postnuptial Agreement

There are many circumstances in which a postnuptial agreement becomes appropriate including:

  • After marriage you discover you have substantially different financial management
  • To modify a prenuptial agreement as the parties needs or circumstances change.
  • The parties wish to have an agreement specifically between them as opposed, or in addition, to a Will.
  • There are mounting problems in the marriage and the parties wish to set alimony or support amounts.
  • To provide for children of a prior marriage, civil union, domestic partnership or other relationship.
  • The financial circumstances of one spouse or partner change dramatically during the marriage.
  • Business partners, Limited Liability Company (LLC) or parents passing businesses to children demand them in order to protect the business in the event of a divorce or dissolution.
  • The parties desire a different asset distribution than what the divorce or dissolution statutes would dictate.

 

Judicial Scrutiny

Pacelli v. Pacelli, 319 N.J. Super. 185 (App. Div 1999) established standards for a postnuptial agreement which are in line with those required for prenuptial agreements.  There is a high level of judicial scrutiny by the court to ensure neither party was forced or coerced to enter into the agreement and that all financial information of both parties was disclosed.  The scrutiny is especially high when the agreement deviates substantially from the statutory distribution the court would likely award in a divorce or dissolution proceeding.  Because of the strict judicial scrutiny involved in postnuptial agreements, you need an attorney who is experienced in drafting them to protect your rights.

 

The attorneys at The Darling Law Firm adhere to guidelines strictly in drafting postnuptial agreements in order to insure they are legally binding.  When an agreement is called into question, we aid our clients in enforcing the terms of the agreement against any challenges to their rights.

 

Protecting Parties throughout Northern NJ

In order to serve clients throughout Northern New Jersey we have offices in Morris County and Bergen County, New Jersey.  We serve clients in Morris, Bergen, Essex, Union, Hudson, Passaic, Sussex and Warren Counties.  The Darling Law Firm is your Northern, NJ Postnuptial and Prenuptial Agreement firm.

 

If you are a party to a marriage, civil union or domestic partnership and feel financially vulnerable or believe your relationship may be ending, now is the time to call 973-584-6200 or click here to e-mail us today to schedule an initial consultation and protect your rights.

 

Forms of payment accepted: Cash, check, traveler’s check, Visa, Mastercard, Discover, money order and Paypal.

 

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