Is a Post-Nuptial/Mid-Marriage Agreement Enforceable in New Jersey?
During the recent defamation lawsuit featuring Johnny Depp and Amber Heard, the issue of Post-Nuptial Agreements was mentioned by Johnny Depp in his testimony. New Jersey family courts have often struggled with the enforceability of Post-Nuptial Agreements, which are sought out when the parties, for various reasons, are unable to reach an agreement on a Prenuptial Agreement before their wedding date.
Pre-Nuptial and Post-Nuptual Agreements
After various trial court cases addressed whether Prenuptial Agreements could be enforced in New Jersey, the State adopted the Uniform Pre-Marital Agreement Act in 1988. Prior case law in New Jersey had established that for a Prenuptial Agreement to be viewed as valid, it had to meet a three-prong test:
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- There must be full disclosure by each party as to their financial circumstances.
- The party sought to be bound by the Agreement and understood and accepted the terms and conditions of the Agreement.
- The Agreement must be “fair and not unconscionable,” and must not leave one spouse with a standard of living far below that which was enjoyed during the marriage.
As to Post-Nuptial or Mid-Marriage Agreements, New Jersey courts did not directly address this ambiguous issue until the Appellate Division made an applicable ruling in 1999. The Court stated that while Post-Nuptial Agreements may not be “inherently and unduly coercive,” at minimum, they must be “closely scrutinized and carefully evaluated” to determine whether or not they can be forced in New Jersey. Every case is adjudicated differently. However, the fairness and enforceability of Post-Nuptial Agreements can be analyzed under criteria similar to Prenuptial Agreements.
For example, to bolster the enforceability of a Post-Nuptial Agreement, both parties should have full financial disclosure, and the terms of the Agreement must be fair and not unconscionable.
New Jersey Family Attorney
When negotiating or discussing a Post-Nuptial or Mid-Marriage Agreement, it is important to discuss the terms of a potential agreement with an experienced family law attorney. Such agreements can be invalidated by New Jersey family courts if not correctly drafted. Please get in touch with our office to discuss this issue further if it pertains to your case.
