There may not be any alarming issues in your relationship with your spouse. This is why they may be initially caught off guard when you mention your thoughtful consideration of drafting a postnuptial agreement. For this delicate subject matter, you must choose your words, and your opening statement for that matter, very carefully. With all these things considered, please follow along to find out the best way to bring up the subject of a postnuptial agreement and how one of the proficient Somerset County family lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you initiate this discussion.
When addressing the subject of a postnuptial agreement with your spouse, you should first disclose that you have no intention nor desire to separate with or divorce from them. With this, you should then market a postnuptial agreement as a way for you and your spouse to protect your separate assets and personal financial interests should issues unexpectedly arise to the surface in the future.
Throughout your marriage, you may have weathered many changes and challenges and successfully gotten through them. However, you may warn your spouse that this may not always be the case. If your spouse has come into an inheritance, started their own business, or obtained significant assets since exchanging vows, you should remind them of how important it may be to insure these things with such a legal document. Overall, you may conclude that you respect them too much to have them get the short end of the stick, so to speak, in the unlikely event of a divorce.
Even with a peaceful conversation and a solid pitch, you may still be unable to convince your spouse that a postnuptial agreement is in both of your best interests. With this, you must understand that this is a voluntary legal document. Meaning that both you and your spouse must have entered into the agreement in a free and voluntary manner. So, the New Jersey family court may rule this document invalid and unenforceable in your potential, future divorce proceedings if it suspects and concludes that your spouse was under coercion when signing it.
Rather than pressuring your spouse into going along with a postnuptial agreement, your efforts may be best served by urging them to attend a marital counseling session with you. Here, a marriage counselor may better portray your reasonings for wanting this. By having these conversations when you are perfectly happy in your marriage, you may have the tools to fix any problems that arise down the line. Subsequently, you may be better able to prevent your postnuptial agreement from ever having to go into effect.
At the Law Offices of Kisha M. Hebbon, LLC, we share the same goal as you, which is likely to achieve a positive outcome and future for yourself, your spouse, and your shared children. So please do not hesitate to work with one of the talented Somerset County family lawyers from our firm today.
