Yes. In order for a prenuptial agreement to be held valid by a judge of a New Jersey Family Court, both spouses should be represented by their own attorney before entering into the agreement. Otherwise it may be deemed invalid. Under New Jersey law, prenuptial agreements have specific requirements in order for the agreement to withstand the scrutiny of a judge of the Family Part of the Superior Court of New Jersey if it were ever contested. The lawyers at our law firm located in East Brunswick, New Jersey, understand that the prenuptial agreement must contain full disclosure of all assets by both spouses, for example. Furthermore, if one spouse did not have an attorney at least review the prenuptial agreement, it may very well be vacated if a divorce occurs.
“Is my Prenuptial Agreement enforceable in New Jersey?” After 2 decades as a divorce attorney, many times I have had a new client nervously utter this question. My answer is always “it depends.” I then begin my legal analysis that is consistent with past case law as well as New Jersey’s Uniform Premarital Agreement Act.
Section 37:2-38, a prenupt can only be set aside if one of the following can be proven:
(1) The party executed the agreement reluctantly;
(2) The agreement was unjust at the time the enforcement was sought; or (3) That party, before execution of the agreement:
a. Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party;
c. Did not have a sufficient knowledge of the property or financial obligations of the other party; or d. 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 attorneys at our New Jersey based law firm have drafted many Prenuptial Agreements. As lawyers who only handle family law related cases, we understand what such an agreement requires in order to be upheld by a judge of the Family Part of the Superior Court of New Jersey. Examples include an attachment to the Prenuptial Agreements which provdes full disclosure of any and all assets and liabilities of each party. It is also highly recommended that each party has their own lawyer to represent them. Furthermore, this is a document that should be finalized and fully-executed by both parties and their respective attorneys as far away from the actual wedding date. Below, please find a sample Prenuptial Agreement: