A New Jersey prenuptial agreement is a document outlining provisions for a potential divorce, the death of a spouse, or a legal separation. In this process, each individual will declare their assets acquired before marriage and detail how these assets should be distributed should the marriage dissolve.
Additionally, the agreement can set terms for modifying alimony and parental rights, provided these terms do not contravene public policy or adversely affect a parent’s capacity to financially support a child. This agreement becomes valid upon the couple’s marriage or the establishment of a civil union.
Legal Considerations
Laws:
- § 37:2-31 – Short Title
- § 37:2-32 – Definitions
- § 37:2-33 – Formalties; consideration
- § 37:2-34 – Contents of premarital or pre-civil union agreement
- § 37:2-35 – Premarital or pre-civil union agreement not to adversely affect right of child support
- § 37:2-36 – When premarital or pre-civil union agreement becomes effective
- § 37:2-37 – Amendment or revocation of premarital or pre-civil union agreement
- § 37:2-38 – Enforcement of premarital or pre-civil union agreement; generally
- § 37:2-39 – Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void
- § 37:2-40 – Construction of article
- § 37:2-41 – Application of article
Signing Requirements: The written agreement must be signed by both parties; while a notarization is not a legal necessity, it is still advised. (§ 37:2-33).
Dividing Property: Equitable Distribution (§ 2A:34-23.1).
Current Asset Statement Requirement
Under New Jersey law, specifically § 37:2-33, couples are mandated to include a statement detailing their current assets when entering into a prenuptial agreement.
Significant Connection to New Jersey
There must be a significant connection, or “nexus,” to New Jersey to validate the prenuptial agreement. This connection can be established if one party resides in New Jersey, owns property within the state, or the marriage is set to take place in New Jersey.
Is It Mandatory to Have an Attorney for a Prenup in New Jersey?
No, not necessarily. While New Jersey law does not mandate the involvement of a prenup lawyer for the agreement to be valid and enforceable, choosing not to hire one requires you to formally renounce your right to separate legal representation in the agreement itself (§ 37:2-38).
