Family Lawyer in New Jersey

Pre-Nuptial Agreements

When two people decide to get married, it is a happy time in their lives. However, nowadays it is important for couples to be realistic about their future. Almost one-half of marriages end in divorce. No matter how much you love your spouse-to-be, statistics are against you.

If you have acquired assets prior to your marriage, it may be in your best interest to sit down with your future husband or wife and discuss a premarital or antenuptial agreement with a seasoned New Jersey family law attorney. A premarital or antenuptial agreement is an agreement between prospective spouses or partners in a civil union couple made in contemplation of marriage or a civil union to be effective upon the marriage or civil union. Premarital agreements allow couples to keep assets separate as well as define each parties rights in the event of a divorce.

Premarital agreements are governed by The Uniform Premarital Agreement Act, known as N.J.S.A. 2A 37:2-31. A premarital agreement must be in writing, with a statement of assets annexed to it, signed by both parties, and it is enforceable without consideration.

Parties to a premarital agreement may contract with respect to:

• Property rights and obligations whenever and wherever the property was 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 or control property;
• Asset division and disposition of property/debt upon separation, divorce or death;
• Modification/elimination of spousal support (alimony);
• Arranging for a will or trust to carry out provisions of a prenuptial agreement;
• Disposition rights of a life insurance policy;
• The choice of law governing the construction of the agreement; and
• Any other matter of personal rights and obligations that do not violate law or public policy.

A premarital agreement cannot limit such things as child support or other financial obligations to a child, such as maintaining health or life insurance. It also cannot make stipulations upon who will have custody or visitation rights in the case of a divorce.

Parties are free to amend or revoke the premarital agreement at any time during the marriage. In order to revoke or modify a premarital agreement, the parties must agree to do so in writing.

In the event that a party alleges that a premarital agreement is unenforceable he or she must show:

• The party executed the agreement involuntarily;
• The agreement was unconscionable at the time the enforcement was sought;
• A party was not provided fair disclosure of assets or earnings;
• A party did not voluntarily waive any right to disclosure of property, earnings or assets.
• Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; and
• The parties did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to constitute with independent legal counsel.

It is very important that each party have his or her own attorney review the agreement. The Court will consider when and the context in which the parties signed the agreement. If a premarital agreement was signed on the day of the wedding or the days preceding the wedding, the Court may find that the agreement was coerced or made under duress.

Premarital agreements can be beneficial to the parties. In order to protect your rights effectively, please contact our office for a free consultation.

New Jersey Family Law Attorney

Protecting each other's legal rights and interests is a very sage action to take before entering into something as important as marriage. With the guidance of the team at the Law Offices of Steven P. Monaghan, you and your future spouse can rest assured that prenuptials are arranged properly and beneficially to all. With a trusted mediator on staff, our firm is well-prepared to assist you.

Contact a New Jersey divorce lawyer today if you need guidance in drawing up a pre-nuptial agreement.