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What to Know About Prenuptial Agreements in New Jersey

When you and your partner get married, you join your lives together. This includes finances, assets, and debts. It is normal to want to protect yourself and feel secure going into this new stage of your life. One way to protect yourself and your assets is with a prenuptial agreement. Read on to learn more about prenuptial agreements in New Jersey.

What is a Prenuptial Agreement?

A prenuptial agreement is a legal document that declares how a couple’s assets will be split in the event of death, divorce, or separation. While a prenup deals with what happens at the end of a marriage, creating a prenup in no way indicates a future divorce or unstable relationship. Instead, prenuptial agreements allow you to get uncomfortable financial discussions out of the way early and leave both you and your spouse feeling protected as you enter this exciting new chapter of your lives.

What can I Address in a Prenuptial Agreement?

Some things you may want to address in your prenuptial agreement may 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 you cannot include things like child support or child custody in your prenup.

What Makes a Prenup Valid?

Because a prenuptial agreement is an important legal document, there are certain requirements that must be met in order for the document to be considered valid. In New Jersey, your prenup will only be considered valid if both parties:

  • Enlist independent legal counsel
  • Disclose all of their assets
  • Voluntarily enter into the prenuptial agreement
  • Be provided with adequate time to evaluate all of the terms of the agreement before signing

If your prenuptial agreement is not created and filed properly, it can be contested, which can lead to a lot of legal trouble.

Can I Get a Prenup if I am Already Married?

“Prenuptial” means it was created before the marriage. While you cannot get a prenuptial agreement after your wedding, you can create a postnuptial agreement. A postnuptial agreement is the same document with the same purpose, only it is created during the marriage, rather than before.

If you have any questions or concerns regarding prenuptial or postnuptial agreements in New Jersey, contact our firm today. We are here to walk you through all of your family law matters, every step of the way.


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