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Key Takeaways
A prenuptial agreement in New Jersey is a written agreement that prospective spouses sign before marriage, which can address property ownership, spousal support, and certain financial arrangements at death. Diamond & Diamond, P.A., helps clients draft and review premarital agreements based on their assets, obligations, and plans for married life.
A prenuptial agreement may be worth considering if you own a home or business, expect an inheritance, or are entering a second marriage. If you and your spouse have substantial differences in income or financial obligations, those can also give you reasons to discuss an agreement.
You can begin the conversation with questions about married life:
Your answers give your attorney a starting point for drafting, with the aim of getting both partners to understand the proposed terms and have an opportunity to negotiate them.
Under New Jersey law, a prenuptial agreement may address the following:
The terms should account for how your finances might change during marriage; if you are a business owner, those terms should include how the agreement would treat growth in the business’ value. If you already own a home, consider what would happen if your spouse helped pay the mortgage or funded renovations.
New Jersey requires a written agreement, both parties’ signatures, and an attached statement of assets.
Courts also consider the circumstances surrounding the agreement. New Jersey allows a person to challenge a prenuptial agreement if they have clear and convincing evidence that it should be set aside (which may include involuntary signing or unconscionability at execution under the statute’s provisions concerning financial disclosure, financial knowledge, and independent counsel).
Before signing, give your attorney the complete draft and attachments. Request explanations of any unfamiliar terms and supporting records for financial disclosures, and raise any provision that differs from what you and your partner discussed.
Not sure if you should get a premarital or cohabitation agreement? Schedule a consultation with one of our Short Hills, NJ lawyers to discuss the pros and cons of these agreements; whether it makes sense to execute one of these agreements based on your particular circumstances; and any other questions you might have. To schedule your consultation today, call us at (973) 379-9292 or send us an email at [email protected].
Your attorney needs enough information to assess your finances and the proposed agreement. Useful records include the following:
Let your attorney know when records are missing so you can determine what additional information to request.
Each partner should obtain independent legal advice before signing. Your lawyer can explain what you would receive and which rights you would give up under the proposed terms, even if your income, employment, or family responsibilities change.
If your partner presents a draft, you can request revisions with your attorney.
A prenuptial agreement cannot adversely affect a child’s right to support; courts decide child custody and parenting time according to the child’s best interests.
Plans to have children still belong in your financial discussions (for example, one partner may expect to reduce working hours or become a full-time caregiver). Your attorney can review the proposed financial terms with those plans in mind.
Begin well before your wedding so that both partners have time to gather financial records, consult separate attorneys, and exchange drafts.
If your partner presents an agreement shortly before the ceremony, seek legal advice promptly and explain how much time you have to review it. Involuntary signing can act as legitimate grounds for challenging an agreement.
An attorney reviewing a challenge will need the signed agreement, attachments, and financial disclosures, so any earlier drafts and communications can help show how the negotiations proceeded and when each person received the documents.
A cohabitation agreement can address financial arrangements between unmarried partners who live together.
These arrangements may need to address household expenses, contributions toward a home, ownership of jointly purchased belongings, and arrangements if you separate. Explain whether you plan to marry and whether either partner expects financial support after the relationship ends.
Prospective spouses sign a prenuptial agreement before marriage, and it takes effect when they marry. If you are already married, consult an attorney about a postnuptial agreement and the standards that would apply.
Yes. Under N.J.S.A. 37:2-37, spouses may amend or revoke a prenuptial agreement through a written agreement that both parties sign. Have an attorney review the proposed changes before you sign them.
Yes. State law allows agreements that modify or eliminate alimony/spousal support, subject to enforceability requirements. Before accepting a waiver, consider its consequences if you later leave the workforce or earn substantially less than your spouse
The attorney will need details about your assets, business interests, and wedding timeline to explain the fees. Specify whether you need someone to draft an agreement or review one your partner has provided.
Bring any proposed agreement, your wedding date, a summary of assets and debts, and available financial records. A short list of priorities and questions can help you make the most of the consultation.
The Short Hills prenuptial agreement lawyers at Diamond & Diamond, P.A. are ready to schedule a strategy session about drafting or reviewing your prenuptial agreement. Our experienced legal team can review your proposed terms and explain their financial consequences before you sign. Call us at 973-379-9292 or contact us online for a consultation. Initial divorce consultations are free. With an office located in Short Hills, New Jersey, we serve clients throughout the state.