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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.