Prenuptial Agreements are controversial. Are they a realistic and necessary protection, or a bad-luck harbinger of future relationship strife? The answers to this question are as varied as views on marriage and divorce in general. Although prenuptial agreements have their fare share of critics, they are allowed under New Jersey Law, and specifically the New Jersey Uniform Premarital Agreement Act.
A New Jersey Prenuptial Agreement (sometimes referred to as a premarital agreement) may be agreed to between prospective spouses or partners in contemplation of marriage/domestic partnership/civil union. Prenuptial agreements are effective/enforceable at the time of the marriage/civil union/domestic partnership.
In New Jersey
To be enforceable, a New Jersey Prenuptial Agreement must be in writing, and must also have a “statement of assets annexed” to the Agreement. Like most contracts, “consideration” must be given, and the Agreement must also be signed by both parties so as to be legally binding.
Under the Uniform Premarital Agreement Act, the parties may contract with respect to some of the following types of issues:
- Rights and obligations as it relates to property;
- The disposition of property upon separation/divorce/etc.
- Choice of Law for a separation/divorce/etc.
- Spousal support;
- And more.
- The Agreement was unconscionable at the time “enforcement was sought”
- Access to independent legal counsel was not allowed to a party and that right to counsel was never waived;
- The Agreement was not entered into “voluntarily”;
- And more.
Your New Jersey Divorce Lawyer:
If you’re considering a New Jersey divorce or Family Law action contact me to discuss your options. You can schedule an initial consultation by calling my office at 908-237-3096 or by scheduling your own divorce consultation online by clicking here.