New Jersey Prenuptial Agreement Law
The statute prohibits a prenuptial agreement from adversely affecting the right of a child to child support. If a party seeks to set aside a prenuptial agreement upon divorce or death of the other party, that party must prove, by clear and convincing evidence, that:
- The party executed the agreement involuntarily; or
- The agreement was unconscionable when it was executed because that party, before execution of the agreement:
- Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
- Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
- Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
It is imperative that the prenuptial agreement contain a full disclosure of each party’s assets and income and any other information that would bear upon the ability of each party to conclude that the agreement is fair. It is also critical that each party is represented by counsel when entering into a prenuptial agreement. A prenuptial agreement is a document that should be drafted with care and adequate time for both parties to ensure that the agreement will be enforced as intended.
To obtain more information about prenuptial agreements, you can contact our Family Law Department or call 1.(732) 726-6236.