What Is a Midmarriage Agreement?

Midmarriage agreements are becoming increasingly popular for married couples who have identified areas of their financial relationship that need clarification or adjustment. Midmarriage agreements are sometimes confused with prenuptial agreements, but they serve different purposes and are executed at different times. If you and your spouse are considering entering into a midmarriage agreement in New Jersey, reach out to the Law Offices of John B. D’Alessandro in Union to discuss your options with a skilled and knowledgeable New Jersey midmarriage agreement attorney.

So What Is a Midmarriage Agreement?

A midmarriage agreement, also known as a mid-marital or post-nuptial agreement, is a legal contract entered into by spouses after they are already married. This agreement typically addresses financial matters, such as asset division and spousal support, in the event of divorce, separation, or death. They can also help to clearly define financial responsibilities within the marriage.

How Does a Midmarriage Agreement Compare to a Prenuptial Agreement?

Prenuptial and midmarriage agreements are similar in purpose as they both address financial matters in a relationship. However, their primary difference lies in the timing. A prenuptial agreement is executed before marriage, while a midmarriage agreement is entered into during the marriage.

The motivations for these agreements can vary. Prenuptial agreements are often used to protect individual assets or to address financial arrangements in advance, providing a sense of security and clarity before the wedding. On the other hand, midmarriage agreements might arise from changes in circumstances during the marriage, such as an inheritance, the birth of a child, or a change in career or business status. They can also be used to modify or supplement an existing prenuptial agreement.

Requirements for a Valid Midmarriage Agreement in New Jersey

New Jersey family law lays out specific requirements for a midmarriage agreement to be considered valid. These requirements are designed to ensure fairness, transparency, and to protect both parties:

1. Voluntary Execution: The agreement must be entered into voluntarily, without any undue pressure or coercion.
2. Full Disclosure: Both parties must provide complete and fair disclosure of their financial circumstances. Any concealment or misrepresentation can invalidate the agreement.
3. Independent Legal Counsel: Both spouses should have the opportunity to seek independent legal counsel. If a spouse chooses not to hire a lawyer, they must knowingly and voluntarily waive this right.
4. Fair and Equitable: The agreement must be substantively fair and equitable to both parties. An agreement that is extremely unfair or one-sided may be deemed unconscionable and could be invalidated by a court.
5. Proper Execution: The agreement should be written and signed by both parties.

Remember, each couple’s situation is unique and complex, so it’s essential to consult with an experienced family law attorney who can provide advice tailored to your circumstances.

At the Law Offices of John B. D’Alessandro, we are committed to guiding you through the complexities of family law, including understanding and preparing midmarriage agreements. We understand that these decisions can be challenging, and we’re here to help you navigate them with confidence and peace of mind. Please contact us today to discuss your needs.