Prenuptial & Postnuptial Agreements

Morristown Prenuptial & Postnuptial Agreement Attorneys

Drafting, Enforcing, & Disputing Prenuptial & Postnuptial Agreements in Morris County

While couples rarely want to contemplate separation while planning a wedding or strengthening a marriage, establishing a clear plan in the event of a divorce provides security for both parties. At Foster & Burke, we approach prenuptial and postnuptial agreements as important tools for honest communication and asset protection rather than signs of distrust. We can guide you through the process with sensitivity and clarity, crafting enforceable agreements that clearly define separate property, address debt, and outline spousal support expectations before conflicts ever arise.

Successfully challenging or upholding a prenuptial or postnuptial agreement in New Jersey requires a deep understanding of the law. We can thoroughly examine the circumstances surrounding the original signing, looking for critical factors like inadequate financial disclosure, duress, or unconscionability that could render the document invalid. Conversely, if you are relying on an agreement to protect your hard-earned assets, we can build a rigorous defense to demonstrate that the contract meets all legal standards of fairness and voluntary execution. In either scenario, we are fully prepared to litigate, if necessary.

Our family law attorneys leverage our big-firm experience to provide a boutique-firm, client-centered approach. No matter your circumstances, we aim to provide thoughtful guidance, tireless advocacy, and truly personal service built on integrity. We are not afraid to take on challenging or complex cases, and we put your well-being first.

Contact us online or call (973) 381-2720 to schedule an initial consultation with our Morristown prenuptial and postnuptial agreement lawyers. We can meet with you virtually.

What Is the Difference Between a Prenuptial & Postnuptial Agreement?

The primary distinction between these documents lies in timing and the legal relationship between the parties at the moment of signing. A prenuptial agreement occurs before you enter a marriage, allowing independent individuals to set financial terms before legal obligations bind them. A postnuptial agreement takes place after the wedding, often serving couples who wish to address significant changes in their financial landscape, such as a new business venture or inheritance.

What Can a New Jersey Prenuptial & Postnuptial Agreement Include?

Generally, these agreements can address financial matters. We can work with you to draft provisions that clarify the division of assets and debts, including real estate, retirement accounts, and business interests. You may also establish specific terms for spousal support, whether that involves defining a set alimony amount, limiting the duration of payments, or waiving support entirely, provided the terms are not unconscionable.

However, state statutes strictly limit these agreements to financial matters, meaning child-related issues remain off-limits. Most importantly, you cannot predetermine child custody or child support arrangements. New Jersey courts adhere to the "best interests of the child" standard at the time of a divorce, and they will not uphold any contract that attempts to influence or limit a child's right to support or a relationship with a parent.

Nuptial Agreements Drafted by Attorney Elizabeth Foster-Fernandez, Esq.

Attorney Elizabeth Foster-Fernandez, Esq. is highly experienced when it comes to drafting pre- and post-nuptial agreements that are designed to provide security and peace of mind for you and your spouse. By drafting a bespoke agreement that is thorough, clear, and specifically designed to address important factors like property ownership, access rights, and other important responsibilities or concessions. Enshrining this framework in writing can help both parties approach their union with ease and a willingness to work together to make a better life for themselves.

Attorney Elizabeth Foster-Fernandez, Esq. is licensed to draft these agreements in both New York and New Jersey, making her a name that clients on both sides of the Hudson River can turn to for an agreement built to fairly and clearly protect their best interests. Talk to us today to schedule a consultation!

What Are the Requirements for a New Jersey Prenuptial or Postnuptial Agreement to Be Enforceable?

New Jersey courts strictly review these documents to confirm they meet specific statutory and case law standards. A contract lacking proper procedural safeguards will likely fail during a divorce, leaving your assets vulnerable when you need protection the most. Our team at Foster & Burke can guide you through these rigorous legal requirements and carefully verify that your agreement reflects a voluntary, transparent, and equitable partnership that a judge should uphold.

The court will evaluate the following factors when determining whether to enforce a prenuptial or postnuptial agreement:

Written format and formal execution. All terms must be articulated in a written contract, and both parties must formally sign the document. New Jersey law automatically voids any oral promise regarding marital assets or support, so we must carefully document every provision to prevent future ambiguity.
Voluntary consent free of duress. Both parties must sign the agreement of their own free will, without undue pressure or coercion. We generally advise clients to finalize prenuptial agreements well in advance of the wedding date, as signing a document immediately before the ceremony can suggest duress to a judge and jeopardize the agreement’s validity.
Full and fair financial disclosure. Enforceability hinges on transparency. You and your spouse must provide a complete accounting of all assets, debts, and income streams. We can work with you to compile comprehensive financial schedules to attach to the agreement, as hiding assets or failing to disclose significant liabilities creates immediate grounds for the court to nullify the contract.
Independent legal representation. While a party may technically waive their right to an attorney in writing, courts tend to scrutinize agreements where one spouse lacked legal counsel with significant skepticism. We strongly recommend that each spouse retains a separate attorney to review the terms, which demonstrates to the court that both parties understood their rights and the legal consequences of the contract before signing.
Adherence to fairness standards. A prenuptial agreement cannot be grossly unfair at the time of signing. However, postnuptial agreements face a stricter test: The terms must remain fair and equitable both when you sign them and at the time of enforcement. This means a court may void a postnuptial agreement if a significant change in circumstances renders the original deal unjust.

Do not attempt to write or sign a prenuptial or postnuptial agreement without the guidance of experienced legal counsel. Call (973) 381-2720 or contact us online to schedule a consultation today.

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Why Choose Foster & Burke?

Trusted Experience
With extensive litigation and appellate backgrounds, we confidently handle complex and high-stakes family law matters. You benefit from seasoned attorneys who are prepared for any challenge.
Client-Centered Care
We take the time to understand your family, your concerns, and your goals. Our approach is compassionate, steady, and built around helping you move toward a better future.
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We believe in straightforward guidance and ethical advocacy, without unnecessary court battles or inflated billing. You always know where you stand and what to expect.
Focused Advocacy
We bring big-firm experience to a boutique setting, giving every client strategic, attentive representation. Your case is never handed off or treated as routine.

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Morristown, NJ 07960

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