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Prenuptial Agreements in New Jersey | What You Should Know

When it comes to prenuptial agreements, it is important to keep in mind that reaching a mature agreement before marriage can facilitate both parties’ understanding of their responsibilities and expectations, ultimately strengthening the relationship moving forward. To learn more about what steps you can take to create this agreement in New Jersey, read on and reach out to our skilled marital agreement attorneys Morris County, NJ. Give us a call today.

What are the requirements for a valid prenuptial agreement?

You will want to recognize that in New Jersey, there are certain statutory criteria that must be met in order for a prenuptial agreement to be considered valid. According to New Jersey’s Uniform Premarital Agreement Act (UPAA), enacted in 1988, both parties who enter into a prenuptial agreement must do the following:

  • Enroll independent legal counsel;
  • Reveal all of their assets;
  • Willingly enter into the prenuptial agreement; and
  • Be equipped with adequate time to evaluate all of the terms of the agreement before signing.

When should I consider a prenuptial agreement?

Because of our firm’s vast knowledge of divorce in New Jersey, we recommend all couples think about prenuptial agreements before they get married. There is very little downside with these agreements, as they start conversations between you and your partner about significant issues that may impact your future and permit you to come to agreements that may or may not ever be required to manage again. If your prenuptial agreement becomes a necessity in the future, you will be happy you had it in place. If it does not, you take the necessary steps to plan for the worst-case scenario. In particular instances, prenuptial agreements are even more important and valuable. It is advisable to think about creating a prenuptial agreement if you meet any of the following standards:

  • Are a business owner;
  • Were previously married;
  • Are a parent to children from a previous relationship;
  • Are likely to receive an inheritance or large sum of money in the future;
  • 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.

Prenuptial agreements may also be beneficial to same-sex couples. Our attorneys have substantial experience drafting prenuptial agreements for same-sex couples in New Jersey and are prepared to do the same for you. Give us a call today to get started. We are here to help.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.