The Law Office of Rajeh A Saadeh LLC
Serving All Of New Jersey
The Right Lawyers Make a Difference
Call Now
908-396-8330
[
]

Sophisticated Counsel. Smart Strategies.

Is a postnup legally binding in a divorce?

On Behalf of | Mar 21, 2021 | Divorce

Even though having a prenuptial agreement is the wisest way of ensuring assets are protected in marriage, sometimes couples just don’t get around to it. Married couples in New Jersey can also choose to have a postnuptial agreement drafted, but this agreement could run into legal snags should a divorce ensue. Since postnups aren’t as common as prenups, many states deal with them as though they were hot coals. 

Are postnups enforceable by law? 

Generally speaking, postnups are enforceable, legal documents; however, they may be more difficult to use in court. In New Jersey, for instance, a postnup must be declared just and fair according to the judge. But what constitutes just and fair to one judge may be different for another. 

Still good to have 

Even though a postnup may be a challenging document, it doesn’t mean a couple shouldn’t write one. As per a prenup, a postnup can spell out how a couple’s assets should be divided. For example, it can chronicle those assets that would be off limits in a divorce situation, such as those that would be passed on to children. It is better to have some sort of documentation rather than nothing at all.   

If a postnuptial agreement is challenged in court, a New Jersey divorce attorney’s acumen may help a client to better understand the court process and provide advice on which areas of the document are enforceable legally. It might be wise to enlist the help of a lawyer with the actual writing of a postnup to ensure it is legally binding.  

Categories

Archives

Rated by Super Lawyers | Rajeh A Saadeh | SuperLawyers.com
Best of the Best Attorneys | Top 10 | Family Law Attorney | 2023
Avvo Rating 10 | Rajeh A Saadeh | Top Attorney
Avvo Clients' Choice Award 2021 | Rajeh A Saadeh
Avvo Reviews | Five stars out of 59 reviews | Rajeh A Saadeh
Rajeh Saadeh | Client Champion Platinum Distinction | 2023
America's Best Advocates | Top 10 Attorneys | Family Law | 2023
America's Most Honored Lawyers | Rajeh A Saadeh
American Association Of Attorney Advocates | Top 10 Attorney - 2023 Member | Family Law 2023 Award Winner
Best Family Law Lawyers 2021
Best Lawyers Best Law Firms | U.S. News and World Report | 2022
Top 10 Attorney And Practice Magazines Family Law Attorney 2023