Do you need a prenuptial or postnuptial agreement?

While no one marries assuming that the relationship will end in the future, it is possible that this could happen in your marriage. As a significant number of marriages do end in divorce, it may be helpful to consider what steps you could do now that may preserve your interests later. One of these includes creating a marital contract that will address the division of marital property in case of a divorce.

There are two different types of marital contracts that could be beneficial for you, a postnuptial agreement or prenuptial agreement. Whether you are already married or you are planning to marry soon, knowing how you can shield your interests and simplify a potential divorce may be useful. These agreements can provide benefits for virtually anyone, including New Jersey couples of varying income levels.

The right choice for your situation

Whether you need a prenuptial agreement or a postnuptial agreement depends on your marital status. If you are not yet married, you can create a prenup, which is a contract that outlines how you want to divide your marital property in case of a divorce. You can also use this contract to address matters pertaining to marital debt and distinguish assets that are marital property, including the division of each party’s financial responsibility during the marriage. These contracts must be reasonable, and both parties should have sufficient time to review terms before signing the agreement.

A postnuptial agreement is like a prenup, but it is one created after a couple is already married. These may be important in situations where one spouse or the couple have seen significant changes in their financial circumstances since the marriage began. A postnuptial agreement can consider factors that are unique to the specific needs of the couple, their individual financial situations, and more. Like a prenup, each side should be able to carefully review the agreement before finalization.

Confidence for the future

Creating a prenuptial agreement or postnuptial agreement does not mean that you believe your marriage will fail in the future. It is simply a way for you to protect your financial interests in case of a divorce. Having this type of agreement could eliminate the need for contentious disputes over marital property in the future, saving you time, money, and a significant amount of stress. These contracts are customizable, drafted according your specific needs and objectives.