Though there is a certain stigma surrounding prenuptial agreements, creating such an agreement is not a precursor to divorce. A premarital agreement can help prepare a couple for a variety of “worst-case scenarios,” including the death or disability of a spouse or divorce. Although you should absolutely create a prenup when one or both spouses enter the marriage with a large amount of property or wealth, these agreements are not just for the super-wealthy–all couples can benefit from them. If you and your future spouse would like to create a prenuptial agreement, please don’t hesitate to contact the knowledgeable Morris County family lawyers here at Leslie Law Firm today.
What Can Be Included in a New Jersey Prenuptial Agreement?
A prenuptial agreement allows couples to set clear financial expectations before marriage.
In New Jersey, it can address a wide range of property and financial matters, such as:
- Division of Assets and Debts:
Defines how property, investments, and debts will be distributed in the event of a divorce or separation, protecting premarital assets.
- Spousal Support (Alimony):
Allows couples to determine in advance whether alimony will be paid, and if so, its amount and duration—provided it remains fair at the time of enforcement.
- Inheritance and Estate Rights:
Helps safeguard family inheritances and ensure assets remain with children from a previous marriage or within the family.
- Business Interests:
Protects ownership stakes in a business and prevents disputes over company assets if a divorce occurs.
- Rights to Certain Property:
Specifies which assets are separate and which are marital, reducing confusion or conflict over ownership later.
- Debt Protection:
Shields one spouse from responsibility for the other’s pre-existing debts, including student loans, credit cards, or business liabilities.
While a prenup can address many financial concerns, it cannot govern personal aspects of the marriage or restrict certain legal rights, as discussed in the next section.
What Cannot Be Included in a Prenuptial Agreement in New Jersey
While prenuptial agreements offer valuable financial protection, New Jersey law restricts certain provisions
that may conflict with public policy or fairness. A prenup cannot include clauses that:
- Determine Child Custody or Child Support:
Courts determine custody and support based on the child’s best interests at the time of divorce —
not on any agreement made before marriage. Any attempt to include such provisions is unenforceable.
- Encourage Divorce:
A prenuptial agreement cannot contain terms that incentivize or reward divorce, such as financial
bonuses for filing or penalties for initiating proceedings.
- Include Unfair or Unconscionable Terms:
Agreements that are grossly one-sided or that leave one spouse in significant financial hardship
may be declared invalid by the court.
- Dictate Personal or Lifestyle Clauses:
Provisions concerning household responsibilities, personal habits, appearance, or other lifestyle
matters are not legally binding and will not be enforced.
- Modify or Waive Certain Legal Rights:
A prenup cannot waive a spouse’s rights to social security benefits, health insurance coverage,
or federally regulated retirement benefits.
Legal Requirements for a Valid Prenuptial Agreement in New Jersey
A prenuptial agreement must meet specific legal requirements to be considered valid and enforceable in New Jersey. A valid prenup must:
- Be in Writing and Signed Voluntarily:
Both parties must willingly sign the agreement without coercion, undue pressure, or threats.
- Include Full Financial Disclosure:
Each party must fully disclose their income, assets, and debts before signing.
Failure to provide complete financial information can render the agreement invalid.
- Be Fair and Reasonable:
A prenup that is grossly one-sided or leaves one spouse in financial hardship
may be challenged in court.
- Be Executed with Legal Counsel (or a Knowing Waiver of Counsel):
Each party should have independent legal representation to ensure they fully understand
the terms of the agreement. If a party waives the right to an attorney, this must be done
knowingly and in writing.
- Be Signed Well in Advance of the Wedding:
A prenup signed too close to the wedding date may be considered invalid due to potential
pressure or insufficient time for review.
- Comply with New Jersey’s Uniform Premarital and Pre-Civil Union Agreement Act (UPAA):
All prenuptial agreements in New Jersey must conform to this law to be legally enforceable.
If a prenup does not meet these requirements, a court may refuse to enforce it, either partially or in its entirety.
Speak With an Experienced Morris County Prenuptial Agreement Lawyers
Importantly, a prenup should be prepared in advance of your wedding, not immediately before, so contact our legal team sooner, rather than later. Leslie Law Firm is here to help you and your future spouse attain peace of mind so you can focus on what matters most–your marriage. Contact our prenuptial agreement lawyers today so we can get started.
