A New Jersey postnuptial agreement is a legal contract between spouses defining property rights and responsibilities, set up after marriage, unlike a “prenup” which is signed before. These agreements aim to offer predictability beyond standard divorce outcomes.
New Jersey acknowledges two main types of postnuptial agreements: mid-marriage agreements, for couples not considering divorce or looking to reconcile, and property settlement agreements for those facing imminent divorce.
Legal Considerations
- Signing Requirements: Both spouses are required to sign the agreement. (Pacelli v. Pacelli (1999))
- Dividing Property: Equitable Distribution (§ 2A:34-23.1).
Understanding Postnuptial Agreements in New Jersey
37:2-5 – Right to Contract and Sue Between Spouses
This section states that spouses cannot contract with or sue each other, except under conditions previously established or as permitted by this chapter.
37:2-12 – Property Ownership in Marriage
A woman’s property, both real and personal, owned before marriage and any property acquired after marriage, including income and profits, remains her separate property as if she were unmarried.
3B:8-10 – Waiving Right to Elective Share
Spouses or domestic partners can voluntarily waive their rights to each other’s property, before or after marriage, through a written agreement made after full disclosure.
A waiver that includes “all rights” to a partner’s property or estate, or a complete property settlement made in anticipation of separation, divorce, or partnership termination, counts as relinquishing all rights to an elective share and any benefits from the other’s estate or will, unless stated otherwise.
