Make Fillable Postnuptial Agreement

Aug 6th, 2022
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How to Make Fillable Postnuptial Agreement

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In this YouTube tutorial from September 18, 2009, the speaker discusses drafting enforceable post-nuptial agreements, distinguishing them from prenuptial agreements. The speaker highlights the importance of understanding state laws, particularly in New Jersey, as the information provided may not apply universally. This session is part of a weekly series aimed at informing clients about significant topics in family law, including divorce, custody, and related issues. The tutorial emphasizes that the content focuses specifically on post-nuptial agreements, encouraging viewers to refer to previous videos for information on prenuptial agreements.

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You can create a Postnuptial Agreement at any time during your marriage. Postnuptial Agreements can be useful in both new and established marriages. If you need an agreement prior to marriage, use a Prenuptial Agreement. Dont use a Postnuptial Agreement if youre contemplating separation or divorce.
Postnuptial contracts are only enforceable if they are in writing and signed by both parties, with witnesses present. Evidence of either party signing under duress or coercion could lead a court to void an otherwise valid postnup.
A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.
Understanding Postnuptial Agreements It must be in writing. It must be entered into voluntarily by both parties. It requires full and fair disclosure of relevant information at the time of execution. Terms must not be unconscionable or unjust or one-sided in nature. Both parties must sign the agreement.
What Is Typically Included in a Postnup? Each postnuptial agreement is different and can be tailored for each couple. The agreement typically includes decisions about each spouses assets, alimony and maintenance expectations, and plans for other payments like the other spouses legal fees and child support.
A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

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