Whether or not there is a prenuptial agreement, sometimes something arises during the course of the marriage that serves as a reason for clarifying assets division in the case of separation. In this case, a postnuptial agreement is drawn up. If something has happened between the couple that is grounds for divorce to be filed, they may sign a reconciliation agreement that prevents divorce. This is a type of postnuptial agreement.
Many couples nowadays sign prenuptial agreements before tying the knot. This is not fatalist thinking; rather, it creates a framework under which the ‘business partnership’ aspect of the marriage can be viewed. It also establishes certain aspects of financial sovereignty for each partner that can be kept in mind throughout the course of the marriage and executed by a court in the case that something within the partnership changes. As it is often called, a’ prenup provides each partner in a couple with specific controls over their marital legal rights and outlines how a separation would be handled, whether it be through divorce or death. Such controls include how assets will be divided, how the estate will be properly distributed, and whether each member of the couple will seek alimony in the case of divorce. These precedents overrule common New Jersey divorce law. As such, judges will turn to a prenuptial agreement to determine that it is legal and executable in the case of separation.
Reconciliation is yet another specific type of postnuptial, also called mid-nuptial, agreement. This type of agreement is drawn up to prevent divorce. A reconciliation agreement is sought after something has happened that is grounds for divorce, and perhaps one spouse has even filed a divorce complaint. As a means of dismissing all divorce proceedings, the couple enters into a reconciliation agreement that offers over some asset or financial right to the separating or divorcing party.
This exchange of one thing for another (usually financial) thing is called consideration. Because reconciliation agreements are often filed after a series of behaviors have led to one party’s actionable desire to file for divorce, the divorcing party’s consideration is often simply the promise that they will remain in the marriage. This, according to the court, is considered valuable enough as a reconciliation conscension. However, the other party generally concedes much more, as they are the ‘culpable’ party for the intention of divorce.
The key to having an enforceable reconciliation agreement is its specificity and appropriate provision of context. To draft a reconciliation agreement that a New Jersey judge will approve, it is important to have an experienced family law attorney’s skilled legal support.
At The Montanari Law Group, our veteran divorce attorneys support our clients in Paterson, Hawthorne, Wayne, and across Northern New Jersey in ensuring that all legal proceedings regarding divorce and reconciliation are executed seamlessly.
Let us get to work for you. If you need professional advice, please contact our family law attorneys online or through our Little Falls office today at 973-233-4396. We are here to help you create an agreement that is fair and takes your concerns into account.