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How can a postnup protect your assets?

| Jan 28, 2021 | Family Law

Many people in New Jersey put off filing for divorce because they don’t want to lose a big chunk of their assets. If you didn’t have a prenuptial agreement, you might feel like you have no choice but to stay married. However, there’s another option for people who skipped the prenup but still want to protect their assets.

How can you protect yourself before your divorce?

Most couples don’t realize that they can write a postnuptial agreement at any point during their marriage. According to family law a postnup is a document similar to a prenup that helps you and your spouse divide up your assets in the event of a divorce. You’ll be able to protect your most valuable assets and make the property division process much easier.

However, it’s important to note that you and your spouse will have to sign off on the document. If you’re not on speaking terms or don’t want to mention the possibility of divorce, you might have trouble getting your spouse to agree to a postnup. For this reason, it’s important to write a postnup as early in your marriage as possible.

Once you file for divorce, you can bring up the postnup with your divorce attorney. Most postnups are legally binding, although you might run into some challenges if you didn’t consult an attorney when you wrote the document. If everything checks out, your assets will be divided according to the stipulations listed in the agreement.

Do you need an attorney to write your postnup?

Since postnuptial agreements don’t have the same legal precedence as prenups, you might have trouble enforcing it in court. An attorney could help you prepare it and make sure that it iss legally binding. They could also tell you what you can and can’t include in the document.

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