Prenuptial And Mid-Marriage Agreements

 

Prenuptial or premarital agreements are contracts that marrying parties enter into prior to actual marriage. Such agreements are expressly allowed by the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act, which sets forth the requirements for entering into a legally enforceable New Jersey Prenuptial Agreement, including the content that can and cannot be included in a premarital contract.​

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The terms of a prenup agreement are very personal. There is not a “one size fits all” standard New Jersey prenuptial agreement template that will work for every couple. However, drafting a valid prenup will allow you and your spouse to protect your assets and decide on other vital issues. Prenuptial agreements in New Jersey can include myriad instructions for who owns what before, during, or after your marriage.

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Because these agreements often involve the waiver of entitlements or rights that a divorcing spouse might otherwise have under the law, these agreements must comport with certain requirements. Firstly, the agreement must be in writing. There must also be a full disclosure of each parties' assets and each party needs to include a statement of their current assets in the agreement itself. Other requirements include the fact that the agreement must be fair, just, and agreed to by both parties involved at the time of entry. It must be notarized and it must be drafted and "finalized" before the date of marriage.

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Parties wishing to fomalize an agreement

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