Be Certain You Fully Understand What You’re Signing
Pre-marital (or pre-nuptial) agreements in New Jersey have become more enforceable and subject to fewer challenges based upon recent changes in the legislation.
On June 27, 2013, the New Jersey Legislature amended the Pre-Marital Agreement Act to essentially remove the ability of a party to challenge the validity of a pre-nuptial agreement on the basis that it is "unconscionable at the time of enforcement."
A major departure from the prior existing law governing enforcement of pre-marital agreements in New Jersey, the 2013 amendment eliminated the old statutory definition of what constitutes an enforceable pre-marital agreement.
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For example, previously a New Jersey pre-marital or pre-nuptial agreement could be modified or set aside if it was deemed at the time of its enforcement to "render a spouse or partner in a civil union couple without a means of reasonable support, make a spouse or partner in a civil union couple a public charge, or provide a standard of living far below that which was enjoyed before the marriage or civil union."
As a result of the amendment, however, pre-nuptial agreements in New Jersey now are much more enforceable and are not subject to challenge — unless the party seeking to set it aside:
Unmarried individuals who are contemplating marriage and the preparation and execution of a pre-marital agreement need to negotiate the terms of these agreements with an underlying understanding of how the law in New Jersey has changed and how the new law affects them.
Given the impact that a pre-nuptial agreement has on one’s rights to support, to equitable distribution, and even in the event of the death of the other spouse, we recommend that you contact our team of experienced attorneys to schedule a phone consultation to discuss your case.
The Mansion at 24 Mine Street
Flemington, NJ 08822
32 Church Street
Flemington, NJ 08822
Phone 908.782.2900 / Fax 908.782.2428
101 Poor Farm Road
Princeton, NJ 08540