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Can a Prenuptial Agreement be Contested in New Jersey?

A large, well-known part of divorce proceedings is the division of the couple’s assets between the two of them. In many cases, the couple may have to go to court in order to decide which assets belong to whom. However, there are other couples that prepare early on in the event of a future divorce. This can be done with a prenuptial agreement. This document can prove to be tricky in certain cases, which is why it is important to retain the services of an experienced New Jersey divorce attorney when dealing with these matters.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract between two people prior to their marriage. This contract outlines the provisions for how the couple’s assets and debts should be divided in the event that they go through a divorce in the future. It can also include any terms relating to alimony and other marital issues. When entering into a prenuptial agreement, also known as a prenup or premarital agreement, it is important for each spouse to provide a copy of the agreement to their attorney immediately. 

When is a Prenup Considered Official?

When creating a prenuptial agreement, it is important to know that there are certain guidelines that must be followed. This ensures the document is legal and can be used in an official capacity. In order for a prenuptial agreement to be considered valid, the document must:

  • Be in writing
  • Include a full disclosure at the time of execution
  • Be notarized
  • Be fair and just for both parties
  • Be executed before the marriage

Contesting a Prenuptial Agreement

In the state of New Jersey, a prenuptial agreement can be contested during a divorce. During this time, the court may consider several different factors regarding whether to uphold a prenuptial agreement or not. This can include the following:

  • Whether the agreement was entered into voluntarily
  • Whether the agreement is unconscionable
  • Whether both spouses exchanged a complete disclosure of their assets and debts
  • Whether each spouse had their own lawyer

When an individual wishes to contest their prenuptial agreement, it is important to bring a copy of it to their initial consultation with their attorney. This is in addition to the facts that surround reaching and signing the agreement. 

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.