A prenuptial agreement, also referred to as a pre-marital agreement or ante-nuptial agreement, is an agreement signed prior to a marriage, which sets forth the parties’ rights upon divorce and/or death. Prenuptial agreements are governed by the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31 et seq.
A prenuptial agreement may address the following issues:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal or one partner in a civil union couple support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy.