Legal Question in Family Law in New Jersey

Re: property

It is not a "prenup" agreement, but it becomes a postnuptial agreements.

These are agreements drafted after the marriage has taken place, but before either party separates, divorces, leaves, or dies. These contracts contain provisions similar to those commonly found in premarital contracts. The methods for protecting assets and income, and divvying it up in the event of divorce or death, vary widely.

The rules regarding the validity and enforceability of post-marital contracts vary from state-to-state. We strongly urge that each spouse seek the advice of a separate attorney, if you have not already done so. Make sure you are not waiving any of your rights and that you fully understand the contract�s repercussions in the event that "everything goes sour".

It is not unheard of for a spouse to suggest to his or her spouse that they sign a post-marital agreement and then, weeks later, announce that the marriage is over.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: property

It would be a "post-nuptial" agreement and is not unusual. Each party should have their own lawyer to review the agreement after one of them prepares it. You should each make a list of what is to be separate and then a joint list so it is clear what each of you intend. The lists then would be added to the agreement. Depending on your situation, you may also have to make wills to have your intentions in the agreement carried our in the event of one spouse's death. If you have anymore questions or need help to go forward, please email or call my office.