What is a post-nuptial agreement?

On Behalf of | Apr 6, 2023 | Divorce, Family Law |

Time changes everything, and spouses may sometimes need to revisit the terms of their marriage. A document known as a post-nuptial agreement serves as a legal means to address specific issues and assets in case of a future divorce.

Why would a couple need a post-nuptial agreement?

Like a prenuptial agreement, a post-nuptial agreement can decide many issues in advance in case the spouses later decide to divorce.

Possible reasons for a post-nuptial agreement include:

  • Infidelity
  • Changing financial circumstances
  • Opening a business

How does New Jersey view post-nuptial agreements?

A court case evidences not only the scope of these documents but also highlights how New Jersey interprets these documents generally.

A wife discovered her husband had been unfaithful and had an attorney draft a marital separation agreement (MSA). The terms addressed custody of their three children and alimony to be paid from a jointly owned and operated business.

Two months later, the wife filed a complaint for divorce. The husband consented to judgement of divorce (JOD) that incorporated the MSA. For several months, the couple lived together, had sexual relations and operated their business together. Eventually, the husband moved out of their home.

Nearly 15 months later, the husband sought to void the divorce judgment and set aside the MSA. A trial court upheld the JOD and ruled the MSA was enforceable. An appeals court partially overruled that decision, noting that the husband did not sign the agreement as a condition to continue the marriage and never sought legal advice.

Experience matters

While less frequently litigated, post-nuptial agreements can significantly impact the financial and legal relationships between former spouses.