Reviewed by Paul H. Townsend, ESQ.
- No Coerced Agreements: Under N.J.S.A. 37:2-38, a fiancé’s parents cannot force you to sign a prenup.
- Statutory Validity Requirements: Agreements require voluntary signatures, complete financial disclosure, and an opportunity for independent legal counsel.
- Unilateral Pressure Invalidates: Agreements signed under duress or last-minute wedding pressure can be set aside by a court.
Some couples choose to combine their assets when they decide to get married. Alternatively, other couples may wish to keep their assets separate in the event that they get divorced in the future. This can be done by drafting and signing a prenuptial agreement, also referred to as a “prenup.” This document, which is signed before the marriage is official, is a contract between two future spouses that outlines the division of their properties if they decide to divorce. In accordance with New Jersey law (N.J.S.A. 37:2-38), a fiancé’s parents cannot force their child’s fiancé to sign a prenuptial agreement. For a prenuptial agreement to be valid and legally binding, the agreement must be voluntarily signed, each party must have the opportunity to consult independent legal counsel, and enough time to adequately review the document. Any agreement that is coerced or entered into involuntarily may be invalidated by the court.
Can Parents Force You to Get a Prenup?
When a couple gets married, it brings more than just two lives together. It also intertwines families as well, often leading to the couple’s parents becoming involved. Parents usually want what they believe is best for their child. Sometimes, a family may have an inheritance, business, or property that is passed down throughout generations. In these situations, parents may want the assets to stay within their family and not end up with an ex-spouse in a divorce. This may lead the parents to pressure their child’s fiancé into signing a prenuptial agreement to ensure the safety of the assets.
It is important to know that it is the decision of the future spouses if they wish to sign a prenuptial agreement or not. In some cases, a parent may try to influence their child or the fiancé into signing a prenup. Sometimes, they may even threaten to cease financial support or take the child out of their future will. However, no one can be forced to sign a prenup if they do not want to.
Invalid Prenups
In the event that a child or fiancé is coerced by a parent into signing a prenup, it is important to know that this document can be deemed invalid. A prenup is a contract, meaning that it must be signed at an individual’s own will. If it was signed under duress or the pressure of a parent, the document can be contested and invalidated.
New Jersey Prenuptial Enforceability, Duress Standards, and Legal Safeguards
It’s important to understand that a premarital agreement must adhere to strict statutory requirements in accordance wth New Jersey law. Future spouses should familiarize themselves with the important legal elements that render a prenuptial agreement valid and how courts examine allegations of parental coercion or duress.
Statutory Validity Requirements Under N.J.S.A. 37:2-31
In accordance with the New Jersey Uniform Premarital and Pre-Civil Union Agreement Act, there are a number of important rules that a prenuptial agreement must adhere to in order to be enforceable. One of the most important is that the agreement must be voluntarily entered into with full transparency regarding separate assets and debts.
- Voluntary Execution: The contract has been entered into voluntarily without any type of coercion.
- Full Financial Disclosure: Both parties must provide a full list of all assets, debts, and income.
- Independent Legal Representation: Each party must have independent legal counsel or explicitly waive that right in writing.
- Adequate Review Window: The prenuptial agreement must be presented in advance of the wedding, as presenting it immediately before can constitute undue pressure.
Invalidating Agreements Signed Under Parental Coercion
If a parent threatens disinheritance or financial abandonment to force a prenuptial agreement, the impacted spouse can challenge the document under N.J.S.A. 37:2-38. The challenging spouse carries the burden of proving by clear and convincing evidence that the contract was executed involuntarily or under duress.
- Burden of Clear and Convincing Proof: Courts require concrete evidence of duress, such as threats of wedding cancellation or economic retaliation.
- Invalidation of Unconscionable Terms: Contracts executed without asset disclosure or legal consultation will be set aside by the court.
- Protection of Pre-Marital Assets: Parents can utilize irrevocable family trusts and estate planning instead of forcing a third-party contract.
- Neutral Mediation Solutions: Formal mediation allows families to establish comfortable boundaries while preserving marital autonomy.
Finding a Balance
The topic of prenuptial agreements can create an uncomfortable environment for all parties involved. It is because of this that the matter is handled in a positive way that allows for the parties to come to solutions. This can be achieved through discussions regarding any feelings about the prenup, including why the spouses may not want to sign it or why the parents want them to. If necessary, the family can have a mediator present at the discussion to help navigate these feelings and reach agreements.
Contact Our Firm
If you need an experienced legal team to guide you through your divorce or prenuptial agreement, contact Townsend, Tomaio, Newmark & Clancy L.L.C today.
