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Non-Marital Agreements in New Jersey | What to Know

Marriage is not for everyone. But, getting married can provide couples with certain benefits. Luckily, couples who do not wish to get married can obtain some of these benefits through non-marital agreements. Read on to learn more about non-marital agreements in New Jersey.

What are Non-Marital Agreements?

Non-marital agreements are legal agreements that can help couples receive some of the benefits of marriage. Some of these benefits include:

  • Giving power of attorney to one or both parties
  • Allowing each party the right to make health care decisions for the other in the event of an emergency
  • Giving each party the ability to be involved in health care decisions regarding their partner
  • Allowing both parties to add their partner to a health insurance or life insurance policy

Non-marital agreements can also come in handy when it comes to the end of a relationship. For example, you can create a document similar to a prenuptial agreement. A prenuptial agreement is a legal document that states how a couple’s assets should be divided in the event that their marriage comes to an end. Luckily, when it comes to non-marital agreements, there are ways to protect each individual’s properties in the event that they wish to separate. You can also determine any joint assets and how they should be divided. 

What Makes a Non-Marital Agreement Valid in New Jersey?

Non-marital agreements are legal agreements. As a result, they must be created and filed in a certain way. In order to create a valid agreement, you must meet the following requirements: 

  • Both parties must be given a reasonable amount of time to consider the implications of entering the agreement with their partner before signing it
  • Any assets that are mentioned in the agreement must be fully disclosed
  • Neither party can be manipulated, coerced, or threatened by the other in order to influence or persuade them into signing the agreement
  • Both parties must retain separate legal counsel when entering the agreement, or waive their right to counsel in writing

If you are interested in creating a non-marital agreement, our firm is here to help. Reach out to discuss your options with an experienced and dedicated attorney.


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