Need a Prenuptial Agreement Lawyer in New Jersey?

Prenuptial agreements, also called premarital agreements, are legally enforceable in the state of New Jersey. Prenuptial agreements are an excellent way to ensure that the interests of both parties are protected in the case of divorce. They commonly provide not only for the protection of assets, but also the provision of spousal support and other contingencies.

In New Jersey, prenuptial agreements are guided by an amended version of the Uniform Premarital Agreement Act (UPAA). This act has been adopted by 16 states in an attempt to create a uniform standard for prenuptial agreements. The idea is that with a uniform law across states, there will be fewer contested cases if a spouse moves to another state. 

In this article, we will explore the legality and enforceability of prenuptial agreements in New Jersey and key considerations for these agreements to be upheld in court. An experienced family law attorney from Rosenblum can help you craft a prenuptial agreement that protects your interests.

Understanding Prenuptial Agreements in NJ

The Uniform Premarital and Pre-Civil Union Agreement Act is found in New Jersey Statutes Sections 37.2-31 through 37.2-38 and defines a prenuptial agreement. According to the law, a prenuptial agreement is a premarital or pre-civil union agreement that is made between prospective partners or spouses in contemplation of a marriage or civil union. Although the agreement must be made before a marriage or civil union, it does not go into effect until the marriage or civil union is legal.

UPAA Amendments in New Jersey

The UPAA was first passed in 1983, but New Jersey didn’t adopt the law until 1988. The law was amended in 2013 to apply to civil unions as well as marriage. Some of the language was also changed to make premarital agreements more equitable.

First, the original act stated that other points of contract were acceptable as long as they did not violate criminal law. The language under the current statute says that contracted items cannot violate public policy or criminal law. 

Second, the amended law specifies that an “unconscionable agreement” cannot be enforced. New Jersey defines an unconscionable agreement as one that:

1. would render a spouse or partner in a civil union couple without means of reasonable support
2. would make a spouse or partner in a civil union couple a public charge; or 
3. would provide a standard of living far below that which was enjoyed before the marriage or civil union.

Additional Requirements

There are further requirements for a prenuptial agreement to be upheld in New Jersey:

• The agreement must be in writing.
• The agreement must be signed voluntarily without coercion.
• Full and fair disclosure of financial assets must be attached to the agreement.
• Both parties must have adequate legal representation.

If any of these elements are missing from the premarital agreement, it will not be held up in a New Jersey court of law. An experienced premarital attorney from Rosenblum can ensure that your agreement meets the requirements to be valid.

Why Consider a Prenuptial Agreement?

There are five key reasons to consider a prenuptial agreement.

1. Financial protection and estate planning. Protect assets in case of divorce, and specify what happens to property if one spouse dies.
2. Clarification of financial rights and responsibilities during marriage. Specify who maintains control and responsibility over financial assets and property.
3. Protection against debts. Protect assets from being taken by the other spouse’s debts by assigning responsibility for those debts in the premarital agreement.
4. Arrangements for children from previous marriages. Financially protect children from previous marriages and make arrangements for them in case of death or divorce.
5. Business ownership and intellectual property considerations. Protect financial interests such as businesses and investments both during the marriage and in the event of death or divorce.

These are not the only reasons to get a prenuptial agreement. For example, also consider a prenuptial agreement if:

• There are children from a previous marriage
• One spouse has significant debts, significant business interests, investments, or net worth

Talk to an experienced attorney from Rosenblum to see if you should consider a prenuptial agreement.

Key Elements of a Prenuptial Agreement in NJ

Prenuptial agreements can vary greatly depending on the couple’s needs, but key elements include: 

1. Asset and debt inventory: The UPAA requires fair and full disclosure of assets and debts. The revised Uniform Premarital and Pre-Civil Union Act requires a full asset and debt inventory to be attached to the agreement to ensure this.
2. Property rights and distribution: This element deals with how property will be treated during the marriage. It also allows provisions for what happens to that property in the event of divorce or death.
3. Alimony/spousal support considerations: Spousal support is common in prenuptial agreements, and it can also be eliminated.
4. Inheritance rights and arrangements: If there are children from a previous marriage, the prenuptial agreement can protect their inheritance rights. This also provides an opportunity to make arrangements for the children in the event of their parents’ death.
5. Division of responsibility for premarital debts: This is the opportunity to remove responsibility for a spouse’s significant debt. It protects assets from being taken by the spouse’s creditors. 

This does not encompass everything that can be included in a premarital agreement in New Jersey. If you’re not sure if something can be added to a prenup, a Rosenblum attorney can help.

The Role of an Attorney in Drafting a Prenuptial Agreement

An attorney will begin by giving legal advice to determine if a premarital agreement is the right course of action. If so, they will explain what should be included in the prenuptial agreement, fair agreement terms, and necessary disclosures. Throughout the drafting and signing process, an attorney will provide legal representation in negotiations and meetings. 

Negotiations are an important part of drafting a prenup, and it is vital that both sides have adequate legal representation for a fair solution. Failure to have legal representation can lead to the premarital agreement being challenged in the future. Drafting a comprehensive and legally sound premarital document is a key reason to hire an experienced attorney from Rosenblum. 

Common Misconceptions About Prenuptial Agreements

The biggest misconception about prenuptial agreements is that they are only for the rich. On the contrary, these agreements are also for people who have significant debt, children from a previous marriage, and/or real property going into the marriage. Even small businesses can benefit from a premarital agreement in New Jersey.

Another misconception that causes spouses to balk at prenups is a feeling of distrust. However, prenuptial agreements are not a sign of distrust at all. As is explained above, there are several good reasons to have a premarital agreement aside from possible divorce.

It is also important to note that prenups protect both spouses, not just the one with assets. For example, provisions for spousal support and protection for children from a previous marriage can benefit a spouse even if they do not have assets. Premarital agreements are also more affordable than one might think.

A premarital agreement has nothing to do with distrust or expecting failure. Rather, it is about ensuring that, if something does happen, death or divorce doesn’t have to be as traumatic financially or emotionally. 

Steps to Obtaining a Prenuptial Agreement in NJ

There are six steps to obtaining a prenuptial agreement in New Jersey.

1. Initial consultation with an attorney. The attorney will determine if a premarital agreement is the right course of action.
2. Gathering necessary financial documents and information. A complete asset and debt inventory must be taken and attached to the premarital agreement.
3. Discussion of terms and negotiation. Negotiations involve both spouses and their attorneys. Remember that adequate legal representation is a requirement for a premarital agreement to be upheld.
4. Drafting the agreement. Negotiations may continue throughout the drafting process.
5. Review and finalization by both parties with their attorneys. Final review of the drafted premarital agreement and final negotiations occur.
6. Signing and notarization process. Both parties and their attorneys sign the premarital agreement before a notary. 

Although this process is fairly straightforward, it is important for each party to hire experienced counsel to help draft the premarital agreement to ensure that their interests are protected.

FAQs About Prenuptial Agreements in NJ

Here are the most frequently asked questions about prenuptial agreements in New Jersey.

Case Studies

In Marschall v. Marschall, two important motions were filed that had not yet been decided by the state. The first question was whether or not premarital agreements were enforceable. The other question facing the court was who had the burden of proof to show the legality of illegality of the premarital agreement. 

The court held that prenuptial agreements in New Jersey can be enforced and should in fact be encouraged. 

Another important case was Delorean v. Delorean. In this case, the wife claimed that she did not receive full disclosure of her husband’s assets at the time of the prenuptial agreement, and therefore it should not be enforceable. She also claimed that she was somewhat under duress and the influence of her husband, who had far more financial experience than she. 

This case established three requirements for a premarital agreement to be enforced:

1. There was no fraud or duress.
2. The agreement must not be unconscionable; in other words, it must be fair and equitable to both parties.
3. Full disclosure of assets and debts must be made.

In the case of Delorean v. Delorean, it was found that the wife’s motions did not hold up under these three requirements, and the premarital agreement was upheld by the court.

Conclusion

Prenuptial agreements in New Jersey are absolutely enforceable, and they are a great solution for many couples, not just the rich. However, it is very important that you have adequate legal representation to draft and negotiate the terms of your prenuptial agreement in New Jersey. 

Planning your future together with clarity and peace of mind starts with a comprehensive prenuptial agreement. At Rosenblum Law, our attorneys are experienced negotiators who will help you draft a prenup that protects your interests. Our firm is here to help. Contact us today for an initial consultation.