Prenuptial and Postnuptial Agreements
A Prenuptial Agreement is an agreement between spouses made in contemplation of marriage.
Prenuptial Agreements allow you to control what will happen regarding property distribution and other issues in the event that a party dies during the marriage or in the event that the parties divorce. Years ago, parties to Prenuptial Agreements were generally older, had children from a prior marriage, and wanted to preserve their assets for those children.
Over the years, however, Prenuptial Agreements have become fairly common for a number of reasons, most often for the purpose of avoiding divorce proceedings should the marriage end. In order to be valid, specific factors must exist in the drafting of the Agreement such as separate attorneys and full and fair disclosure by both parties. If all of the required factors are present, once a Prenuptial Agreement is signed, it is difficult to void.
Unlike a Prenuptial Agreement, a Postnuptial Agreement is an agreement between spouses made during the marriage to protect individual assets and other rights in the event of a divorce.
Postnuptial Agreements are enforceable under certain specific conditions including that they are fair at the time they are made and that they are fair at the time that they are sought to be enforced. This is heightened and difficult standard to meet. Postnuptial Agreements are not as common as Prenuptial Agreements.
Burlington County Family Lawyers at Goldstein & Mignogna, P.A. Can Stand by You When You Are Facing Trying Family Law Matters
Whether you are going through a divorce or crafting a prenuptial agreement, our Burlington County family law lawyers at Goldstein & Mignogna, P.A. are ready to give you the support you need. Call us at 856-890-9400 or contact us online to schedule an initial, private consultation today. Located in Marlton, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, and Gloucester County.