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The New Jersey prenuptial agreement is a legal document that outlines the financial relationship between the future spouses. This type of document is mostly used when one or both of the spouses have certain assets or liabilities they have accumulated before the marriage and want to keep them separate from the marital property.
Additionally, the agreement can specify how the future spouses will manage the property they have accumulated during the marriage. Therefore, the parties don't only use the prenuptial agreement after marriage but can also use it to determine their financial relationship during the marriage.
Laws and Legal Requirements for a Prenuptial Agreement in New Jersey
Sections 37:2-31 to 37:2-41 of the New Jersey Statutes provide the basic legal requirements for the New Jersey prenuptial agreement form.
Section 37:2-32 refers to the prenuptial agreement as a premarital or pre-civil union agreement. It defines it as “an agreement between prospective spouses or partners in a civil union couple made in contemplation of marriage or a civil union and to be effective upon marriage or upon the parties establishing a civil union.”
It defines property as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”
Signing Requirements for a Prenuptial Agreement in New Jersey
Section 37:2-33 provides that the New Jersey prenuptial agreement must be:
Signing Requirements
Made in writing
Made with a statement of assets annexed thereto
Signed by both parties
Moreover, this section also provides that the prenup agreement is enforceable without consideration.
Although it is not explicitly provided in the state law, the parties should also consider signing the prenuptial agreement before the notary public. This will additionally confirm the authenticity of the document and prevent potential fraud.
Prenuptial Agreement Enforcement in New Jersey
The prenuptial agreement will be declared unenforceable if the party seeking to set aside the agreement proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the agreement involuntarily
The agreement was unconscionable when it was executed because:
One of the parties did not give complete and truthful information about their financial status
The party seeking enforcement did not waive their right to the financial disclosure of the other party beyond the disclosure provided
Did not have, or reasonably could not have, knowledge of the other party’s financial status
They didn’t consult their legal advisor and didn’t waive their right to consult their legal advisor
What Can a Prenuptial Agreement in New Jersey Cover?
The future spouses are free to cover any provision in their prenuptial agreement template. However, these provisions must all be in line with state law and public policy.
Section 37:2-34 provides the most common provisions that the New Jersey prenuptial agreement template includes:
Provisions in a Prenuptial Agreement
Rights and obligations of their future spouses for their individual property
Right to buy, sell, lease, mortgage, exchange, encumber, dispose of, and manage the marital property
Rules on how marital property will be divided in case of a separation, divorce, death, or any similar event
Modification or elimination of the couple's support or alimony
Matters related to the spouses' insurance policies
The choice of law governing the construction of the agreement
Prenuptial Agreement in New Jersey: Validity Criteria
First of all, the prenuptial agreement must be in line with the basic requirements regarding the formality of the document. This further implies that any prenuptial agreement made in New Jersey must be made in writing and have the signatures of both future spouses. Moreover, the parties must also attach a statement of assets to the agreement.
The second formality criterion is connected with the existence of a marriage or a civil union. This means that the parties must enter the marriage or civil union after signing the agreement in order for it to be valid.