Q: Does NJ recognize or uphold a Postnuptial Agreement?

A: If you have a valid pre-nuptial agreement, then you can modify its terms with a post nuptial agreement. But, if you do not have a valid pre-nuptial agreement, presume that your post nuptial agreement will be viewed as invalid.

That being said, I have drafted divorce settlement agreements on behalf of both parties in mediation settings where both parties decide to hold off on the finalization of the division of assets, etc because of responsibilities for children and continue living together until the children finish high school.

We can put together a formal plan for division of assets, payment of school costs, interim support, support plan upon the children going off to college, etc and once the children are off then the matter is converted to a formal judgement of divorce. Both parties would have to have the opportunity to retain counsel and I would draft the agreement.

A: Thank you for your question. Your question is a bit confusing because a postnuptial agreement is made after the marriage but before the divorce. Such agreements are scrutinized but can be approved under certain circumstances. Now a Marital Settlement Agreement made in anticipation of divorce is another method. When the parties agree to their post marriage responsibilities--- child support, spousal support, equitable distribution--- these are especially favored by the courts. There are firms that can help prepare such an agreement during a mediation process with the participation of both parties. Both parties are encouraged to take the MSA to their separate counsel before signing. Once approved by counsel and the parties, this is in concrete.