What is a post-nuptial agreement?
A post-nuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A post-nuptial agreement is entered into in contemplation of an ongoing, viable marriage. As with prenuptial agreements, one or both of the parties usually is seeking to protect assets or income in the event of divorce or death. A married couple may seek to enter into a post-nuptial agreement after significant financial change or a period of marital conflict. The law regarding the validity and enforcement of post-nuptial agreements is not well developed in New Jersey. This is an emerging area of the law. The legal standard for the enforcement of post-nuptial agreements is very similar to the one used to assess whether a prenuptial agreement is valid. The key criteria for the validity of these agreements include: full disclosure of assets, absence of duress, and fairness. When a man and woman are married (instead of just contemplating marriage), they may b
