Prenuptial Agreements in New Jersey

A prenuptial agreement can be a difficult subject to broach with your future spouse. There is a negative stigma surrounding prenuptial agreements, but they can be beneficial to both parties in the long run. A prenuptial agreement can benefit a marriage in many ways. For example, it will likely allow for open and honest communication. Additionally, a prenuptial agreement by no means implies an impending divorce. It simply allows a couple to set legal boundaries and protect themselves and each other.

What is a Prenuptial Agreement?

Simply put, a prenuptial agreement is an agreement made before a couple is married. It is a common marital agreement that will allow you and your spouse to protect both private and shared assets.

Prenuptial Agreements in New Jersey

In order to enter into a prenuptial agreement, a set of criteria must be met. According to New Jersey’s Uniform Premarital Agreement Act (UPAA), enacted in 1988, both parties entering the agreement must:

• Enlist independent legal council
• Disclose all assets
• Enter the agreement voluntarily
• Be provided adequate time to evaluate terms before signing

What can I Address in a Prenuptial Agreement?

Prenuptial agreements in New Jersey have a recognized legal status, but there are statutory criteria that must be satisfied in order for a prenuptial agreement to be valid. If those criteria are met, the prenuptial agreement is binding for both parties, even if it reflects a different arrangement that would typically be executed under New Jersey family law.  Some things you may wish to consider when drafting your prenuptial agreement might include:

• Residences and real estate properties
• Business assets
• Investments, stocks, and bonds
• Trusts
• Amount, duration, or waiver of alimony

It is important to note that only financial matters can be included in a prenuptial agreement and any decisions surrounding the custody of future children will not be permitted.

How do I know if I Need a Prenuptial Agreement?

A Prenuptial Agreement can be a good idea for any couple, but it may be especially helpful if you:

• Were previously married
• Are a parent of a child from a previous relationship
• Are a business owner
• Are likely to receive an inheritance or large sum of money
• Are the recipient of a trust
• Have significantly greater assets than your future spouse
• Have substantially higher income than your future spouse
• Or if your future spouse has incurred a large amount of debt

If you are interested in learning more about Prenuptial Agreements, it is important to reach out to a skilled and knowledgeable attorney.

Contact our Firm

At Townsend, Tomaio & Newmark, L.L.C., in Morristown, New Jersey, our seasoned divorce and family law attorneys help clients negotiate and draft legally sound prenuptial agreements. Our lawyers understand the criteria for valid prenuptial agreements and will work to ensure that your agreement is legally binding and directly aligned with your needs and priorities. If you are considering a prenuptial agreement in New Jersey or have questions regarding these agreements, contact us to schedule a free initial consultation.