Signing postnuptial agreement

Postnuptial Agreement

A postnuptial agreement can protect the assets and finances of both parties in the event a marriage dissolves. 

Whether it protects a stay-at-home spouse or an inheritance, a couple doesn't need to be considering divorce to benefit from a postnup.

Learn how a postnuptial agreement drafted by attorney Jeffrey W. Goldblatt in East Brunswick, NJ, can help ease financial tension.

What Is a Postnuptial Agreement?

Postnuptial agreements are made after a couple is married. They operate similarly to prenuptial agreements, which are made before marriage. 

Like prenups, postnups are legally binding agreements that spell out the division of assets in the case of a divorce. They can decide who takes on marital debt after a couple separates, name one spouse as the owner of a business, and outline ownership of an inheritance. Postnups can also be used to ensure spousal support, especially if one party leaves the workforce to take care of children.

Child custody and child support are not addressed in postnuptial agreements, because these must follow state laws. 

Couple signing postnuptial agreement

Helping Clients in East Brunswick, NJ

1

Tonya Marie Baillargeon

May 2019

Facebook logo

Jeffrey Goldblatt and his team did a great job helping me through the adoption process!

View On Facebook
1

Diane Swider

October 2019

Facebook logo

Jeffrey was extremely helpful in securing my social security disability benefits.

View On Facebook

Why Families Trust Jeffrey W. Goldblatt

Decades of Legal Practice

Our attorney has represented clients in criminal and civil cases since 1975. His decades as an attorney have given him the skills to represent you in all manners of family law, including divorce and child custody

Three Locations

Jeffrey W. Goldblatt has three convenient law offices in East Brunswick, Freehold, and Wall, all in New Jersey. 

Trusted

Turn to the attorney that divorce courts trust. Jeffrey W. Goldblatt serves as a New Jersey R:1-40 qualified mediator and has been appointed to act as an early settlement panelist in Middlesex County.

Types of Divorces in New Jersey 

Not having a prenuptial agreement or postnuptial agreement can make separations more complicated, depending on how the divorce proceeds. Though postnupital agreements do not cover child custody or support, they can help simplify the division of property. 

  1. In an uncontested divorce, property division, spousal support, child custody, and child support are agreed upon by both spouses. In this instance, an attorney is needed to prepare and finalize the settlement agreement. Jeffrey W. Goldblatt can help with mediation or arbitration and avoid going to trial. 
  2. In a contested divorce, the parties do not agree on child custody, who gets what, or other aspects that need to be resolved. Contested divorces may include extensive evidence gathering, which can include interviews and depositions. Attorneys present the gathered evidence in court and ask for specific rulings for their clients. 

What Can Happen in a Divorce With No Postnups

If a divorcing couple in New Jersey cannot agree on how to split property, the courts will engage in equitable distribution. Only property acquired during the marriage – called marital property – can be considered for equitable distribution. Gifts given by a third party and property acquired before the marriage are not considered during equitable distribution. 

To decide who gets what assets, courts review each spouse's personal property, how much each individual contributed to acquiring the marital property, and the financial needs of each spouse after the divorce. 

With so much left to interpretation by the courts, it's possible you can lose assets that your spouse once agreed should be yours. By having an enforceable postnuptial agreement, you can protect yourself and retain assets before New Jersey courts get involved. 

Making Agreements Legally Binding

For prenuptial agreements and postnuptial agreements to be enforceable in New Jersey, both parties must fully disclose their finances and assets. The agreement must be signed by both parties without coercion. 

If it is discovered during the marital separation that one party did not fully disclose their finances or if someone was forced against their will to sign the postnuptial agreement, New Jersey courts may not enforce the contract. 

Having your agreement drafted by an attorney like Jeffrey W. Goldblatt can ensure that your contract follows state family laws. If you already have a marital agreement but your circumstances have changed, Mr. Goldblatt can help review or modify it. Contact our East Brunswick, NJ, firm to learn more. 

My Partner Doesn't Want a Postnuptial Agreement

It can be difficult to discuss the possibility of divorce with your partner. They may see your interest in a postnup as a sign that you don't think the marriage will last. However, this doesn't have to be the case. 

Rather than viewing this new agreement as a sign of an eventual separation, married couples should use it as a safeguard. A postnuptial agreement can help relieve tension or anxiety over finances. Postnuptial agreements also give married couples an opportunity to be honest with each other, and can help foster open communication. 

upset couple

What Clients Are Saying About Attorney Goldblatt Praise From Old Bridge, East Brunswick, NJ, and Beyond

1

Helen Krawczyk Wexler

May 2019

Google logo

Jeff took the time to explain things to me, give advice, and answered all my questions. Mr. Goldblatt is an excellent Attorney and very easy to work with. His staff was courteous and helpful. He was always accessible to talk with me. He is a skilled litigator and has had much experience in the courtroom. I would highly recommend him. He was attentive to every detail and always answered all of my questions promptly and intelligently.

View On Facebook
1

Roman Royzengurt

August 2018

Google logo

I not only recommend attorney Jeffrey Goldblatt, but I guarantee once you have used his service you too will look no further. Mr. Goldblatt is smart, cost-conscious, efficient and really knows matrimonial law. Genuine, ethical, responsive and effective. The office staff was also a pleasure. Always there with pleasant greetings and smiles. I would highly recommend Jeffrey Goldblatt.

View On Facebook
Office exterior

Law Offices of Jeffrey W. Goldblatt Esq.

Attorney Jeffrey W. Goldblatt has been representing family law, criminal law, and social security disability clients since 1975. He is proud to be affiliated with top legal organizations, including:

  • Middlesex County Bar Association
  • Family Law Committee
  • Monmouth County Bar Association
  • New Jersey State Bar Association 

If you are looking for legal representation from a top-rated lawyer in East Brunswick, call our law firm at (732) 238-8700 or request a consultation online.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite