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created immense and fathers rights in divorce custody and family law issues offices in Nutley Montclair New Jersey today is September 18 2009 teen as I said this is New Jersey so if you're watching this video at any other day or time or in any other state you had to check your state laws to make sure that what I said still applies or even have applied it in the first place today's video is my weekly how-to series where I try to take a certain topic that's important to clients or that comes up often and give you a little more information that I generally do my daily tip so today's topic is how to draft enforceable post-nuptial agreement and support in the rallies that's not I'm saying post-nuptial not prenuptial which is what most people think of this topic is not about a prenuptial agreement that's a different video I did do one I actually did a couple I think on my YouTube page and maybe one on my website make longer calm on prenuptial agreements but today's post-nuptial so just to be clear a post-nuptial agreement is an agreement that you draft after you are married so it's similar to a prenup in its terms but it's timing is obviously very different a post-nuptial agreement is often called a mid marriage agreement sometimes it's called a reconciliation agreement more often it's called a post-nuptial agreement and I think that's the best thing to call it so that it's clear unless you're truly doing it for hopes of reconciliation then you can use really either term the purpose of a reconciliation or post-doctoral agreement is just that you're trying to do two things one is usually contemplated reconciling but also you recognize that there could be a divorce in the future and you want to eliminate most of the litigation that may result if the reconciliation doesn't work and by having this agreement in place it usually facilitates the reconciliation because it takes the pressure off of worrying whether or not we're going to get divorced or not what's going to happen so you can put the financial or maybe custody issues aside and work on the reconciliation they'll about a post-nuptial agreement is what the law says about them and currently in New Jersey the status of law suggests that a post-nuptial agreement is very coercive meaning it's viewed as scientists are we getting the and it's quite contrary to the law about prenuptial agreements the prenuptial agreements are viewed as not as coercive and valid unless there's a showing of some fraud or underlying defect in the agreement it's almost as if the law will prefer a prenuptial agreement as opposed to a post-nuptial now I personally don't agree with that and I've never agreed with that I think a prenuptial agreement is a lot less or a lot more coercive than that post optional because in my opinion I think people are more likely to call off a wedding then they are to get divorced while the law says you know it's a sign this or get divorce I think people are more hesitant to get divorced there's often children involved usually there's assets that may have been acquired alimony claims it may exist and stepping into that form is very challenging for most people whereas a prenuptial agreement while there can be children involved there's not always and even if their works not going to really make a difference because prenups don't really govern child related issues you're less likely to have assets in common or debts you're less likely to have an alimony claim of any kind less there's been some kind of cohabitation so I personally think a prenuptial agreement there's a lot more coercive than a post-nuptial agreement but what's important to take from this video is that the courts don't agree with me so when push comes to shove go with what the courts think so what you want to do knowing this to draft an enforceable post-nuptial agreement is first to incorporate the language like this into your agreement most agreements will have several different pieces to it and most will have in the very beginning of what's called where four clauses are whereas clauses they the general introductory paragraphs that kind of set forth the background of the history or the intention of the agreements so inside of that paragraph or at least somewhere in your document whether you call it a whereas clause or not you want to indicate that you're made aware of the current status of law and that you don't agree with it in that you think that you're not that you would think that you know you're doing this freely voluntarily that it's actually a very positive agreement that it's something you fully understand had a chance to have explained to you that you met with or everything to suggest that you're not being coerced you could even see that you're not even contemplating a divorce but I wouldn't recommend it because that could be part of the underlying assumptions to the other party in the agreement but it's something to consider so first I think known as well second you have to acknowledge what your intentions are inside of that agreement if you clearly state that you're looking to reconcile or not you're looking to avoid the cost and difficulty of a divorce you're looking to separate your finances because you think your assets are going to require a greater appreciation more quickly than the other person put that in put in as much as you can about what you're understanding at the moment is and what you think the future will bring so that if and when that happens or even if it doesn't happen the court will still know that you looked at it and contemplated all of this before signing the agreement that will also lend to the court finding is not coercive lastly I would recommend and I recommend this also in a prenup and my videos for that you want to indicate how circumstances are likely to change in the future and whether or not they do or don't you want to indicate that your agreement is not affected by that that you've contemplated both what you think will happen as well as what you think might not happen or even if you thought it was going to happen and it didn't happen you've contemplated that all so short of that is you want to put in everything not everything you don't put as much as you can about what you anticipate happening in the future and why you're doing it so that if the court does have reason to look at it in an unfortunate divorce later they will know that it was not coercive that you fully understood the law your rights what the agreement says and that everything you anticipated was placed into the agreement and that you understand it may be very different when time comes for the divorce if you follow all that the courts will likely enforce the post optional agreement because as I said they find a course of that does it mean that you can't use one and they can't be enforceable that just means that law is against you so you really need to plan carefully on both sides of the agreement whether your spouse drafting and our spouse receiving it you need to contemplate on both sides all these issues to make sure the agreement is fair and if you truly are doing it because want to concil having a fair agreement will help you guide your future decisions inside of that relationship because you've already set forth the financial terms that you're gonna live by now as well as if you get divorce and it will eliminate at least a lot of those issues for you so hope this information helps you if it did please give it a like and share it so that other people get to see it if you have any questions you can put a comment on whatever platform you're watching and I will always respond to my questions you can also message me if there's anything you need to ask or you'd like to see in the future and you can subscribe so that you'll get notice when I go online if you want to see more videos in the future so with that I'm going to sign off thank you for watching and hopefully be back soon