What Are the Different Divorce Options in New Jersey?
The last thing any couple headed to the altar wants to think about is the prospect of divorce, but in today’s society, divorce happens in a large number of marriages. More and more couples are electing to enter into prenuptial and postnuptial agreements to strengthen their marital bonds. A carefully constructed pre or post-marital agreement can relieve a lot of stress that comes at times when a marital relationship can experience difficulties. If you’re interested in drafting a prenuptial or postnuptial agreement, contact the knowledgeable Somerset County family lawyers at the Law Offices of Kisha M. Hebbon, LLC today.
A prenuptial agreement is a contract that a couple enters into before their marriage actually takes place. The prenuptial agreement is a legitimate and enforceable contract that outlines the distribution of property, financial assets and terms for spousal support should the marriage end in divorce or with the death of one of the spouses. The contract is only enforceable after the marriage has taken place and will be voided if the couple decides not to marry, or one of the individuals dies before the marriage takes place.
A prenuptial agreement usually addresses the most important issues that arise during a divorce. Depending on the couple’s assets and situations, a prenuptial agreement can focus on a host of issues.
Our dedicated prenuptial agreement lawyers are here to help you draft a comprehensive, well-rounded prenuptial agreement to ensure all your bases are covered.
Importantly, some issues cannot be addressed in a prenuptial agreement. The rights and best interests of a child cannot be determined before a child is born, therefore child custody and child support arrangements cannot be addressed in a prenuptial agreement. In the same capacity, the couple cannot stipulate religious preferences for children that may result from the marital union.
Child custody, child support, and religious affiliations can only be determined in postnuptial agreements or in divorce proceedings once children have become part of the couple’s marriage.
Prenuptial agreements cannot stipulate any type of temporary alimony or spousal support arrangements to be paid before a divorce is final. While the divorce is pending, the marital couple must determine if temporary alimony or spousal support is warranted in the separation agreement when the couple files for divorce.
A postnuptial agreement is much like a prenuptial agreement but occurs after a marriage is in place. There are many reasons why a marital couple may want to enter into a postnuptial agreement. If one spouse comes into a large inheritance or receives a substantial financial gift, or inherits a family business or property, the postnuptial agreement can ease concerns about the distribution of this property should a divorce or death occur. The postnuptial agreement can also address a wider range of issues that occur in a marriage, including household responsibilities and agreements as to how many vacations the family can take.
Unlike the prenuptial agreement, the postnuptial agreement doesn’t have to be filed in court to be enforceable. Many couples will enter into a postnuptial agreement to protect assets for children from a previous marriage or relationship. Other couples enter into a postnuptial contract after one of the spouses has broken their marital vows with infidelity or depleted the family’s finances due to a gambling or alcohol addiction. In this case, the postnuptial agreement can actually help save a marriage that would otherwise end in a divorce.
It is always advisable for couples entering into a prenuptial or postnuptial agreement to consult with a qualified and experienced divorce attorney. A knowledgeable divorce attorney can guide couples through the process of drawing up a fair and enforceable contract that avoids long and expensive delays if a divorce or death occurs. Each state has its own criteria for enforcing these agreements. This gives the courts the right to interpret the stipulations and conditions of a prenuptial and postnuptial agreement and decide whether to enforce those terms or dismiss the contract entirely.
