What Is a New Jersey Prenuptial Agreement?
Prenuptial agreements in New Jersey outline how to manage assets, debts, and spousal support in the event of divorce. A prenuptial agreement, created before the wedding, assists couples in discussing difficult issues. It also addresses complex topics prior to marriage. These agreements can be beneficial for estate planning. They are especially useful for individuals who inherit family wealth or have children from previous relationships.
If you’re already married, consider a New Jersey postnuptial agreement instead.
New Jersey has adopted the Uniform Premarital and Pre-Civil Union Agreement Act (UPAA), which governs prenuptial agreements in the state. Without an agreement, New Jersey follows equitable distribution property laws, which may not mean a 50/50 distribution. A judge decides how to split property in a divorce settlement. They look at factors like each spouse’s income, work status, health conditions, and length of marriage.
How to Write a Prenuptial Agreement in New Jersey
Follow these steps to ensure an enforceable prenuptial agreement that complies with state law:
- List identifying information: Fill in the first and last names of both parties, their addresses, and the names of any children from previous relationships or of the couple.
- State asset holdings: List property each party will bring into the marriage and any property that will be considered marital property, including bank and retirement accounts, inheritance, vehicles, and real estate. Decide how to divide that property if you divorce.
- Protect business holdings: If you own a business, determine who will retain ownership.
- Disclose debt: List any debt in either spouse’s name, like student loans, mortgages, vehicle liens, or credit card debt. Then, decide who will pay each debt.
- Determine tax filing: Decide whether you will file taxes jointly or separately.
- Divide marital home: If one spouse will remain in the marital home following a divorce, assign ownership, or if selling the residence, outline how to split the proceeds. You may also include information on how to share household expenses during the marriage.
- Set alimony: Specify whether one spouse will receive support and the terms.
- Include additional clauses: You can add clauses specific to your marriage or situation, such as how a spouse will be cared for if they become disabled or how to divide your estate among surviving children upon your death.
- Verify financial disclosure: Both spouses must agree that they have provided a full and fair disclosure of all assets and debts.
- Outline dispute resolution: Decide how to resolve disputes if they arise.
- Sign and notarize: New Jersey requires both spouses to sign the prenuptial agreement and a notary acknowledgment to verify the validity of the document.
Sample New Jersey Prenuptial Agreement
View a sample New Jersey prenuptial agreement below. You can edit this template using our document editor and then once complete, download in PDF or Word format.
Legal Requirements in New Jersey
New Jersey Revised Statute Chapter 37 addresses New Jersey prenuptial agreements.
Signing
Both spouses must sign. When enforcing a prenuptial agreement, the courts have to consider whether either party signed the contract under coercion or duress as per NJ 37:2-38.
Enforceability
The UPAA requires a fair and informed division of assets that protects both parties with these stipulations for enforceability:
- The couple makes the agreement before marrying.
- The contract is in writing and both parties have signed it.
- Both parties have undergone a full and fair disclosure of assets and debts, or have waived the right to full disclosure..
- The agreement must be fair to both spouses.
- The document must be notarized.
Financial Disclosure
New Jersey may deem a prenuptial agreement invalid if evidence shows that one or both spouses hid assets or debts from the other.
Excluded Terms
Prenuptial agreements cannot stipulate issues of child custody or support, which family courts determine.
Attorney Representation
New Jersey requires that each party to a prenuptial agreement either consult with independent legal counsel or voluntarily and expressly waive that right in writing before signing, as per NJ Rev Stat § 37:2-38. While hiring an attorney is not mandatory, courts will consider whether both parties had the opportunity to seek legal advice or properly waived it when determining the agreement’s enforceability.
Spousal Support Waivers
While state law accounts for the awarding of spousal support in New Jersey as per NJ 2A:34-23, a prenuptial agreement allows the couple to mutually agree on different terms for spousal support or waive it altogether.
Burden of Proof
A spouse who later challenges a New Jersey prenup carries the burden of proof to show that:
- They signed involuntarily.
- They signed without having counsel and did not waive their right to have an attorney.
- There was improper disclosure of assets or debts or concealment as per NJ 37:2-38.
