PRENUPTIAL AGREEMENT STATUTE
PRENUPTIAL AGREEMENT ENFORCEMENT OCEAN COUNTY NJ
The establishment and enforce-ability of a prenuptial, or premarital, agreement in New Jersey is governed by statute. The New Jersey prenuptial agreement statute that deals with the contents of a prenuptial agreement is N.J.S.A. 37:2-34. Specifically, N.J.S.A. 37:-34 provides parties to a premarital or pre-civil union agreement may contract with respect to:
- 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.
It is very important to note that a prenuptial agreement cannot adversely affect the right to child support. At the Bronzino Law Firm in Brick, New Jersey, we will work with you to personally tailor a prenuptial agreement for your specific circumstance.
Setting Aside a Prenuptial Agreement
The burden of proof to set aside a prenuptial agreement lies with the party alleging it is unenforceable. N.J.S.A. 37:2-38 provides that a prenuptial agreement will be set aside if it is shown by clear and convincing evidence that:
- The party executed the agreement involuntarily; or
- (Deleted by amendment, P.L.2013, c. 72).
- 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.
- The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.
Enforcing a Prenuptial Agreement
You will note that N.J.S.A. 37:2-38(c)(4) states that a prenuptial agreement can be set aside if one party did not consult with independent legal counsel. Therefore, it is extremely important to have both parties consult with independent New Jersey attorneys when executing a prenuptial agreement. Without having two attorneys involved, you run the risk having the premarital agreement set aside.
At the Bronzino Law Firm, we have both drafted prenuptial agreements for clients who are protecting assets and also advised clients who are giving up certain legal claims to assets in prenuptial agreements.
Point Pleasant Premarital Agreement Lawyer
Call (732) 812-3102 or send an email to schedule a free consultation with an Ocean County prenuptial agreements lawyer.