New Jersey Prenuptial Agreements Lawyer

At Putterman Legal, our Atlantic County family law attorney has the professional experience that you can trust when it matters. We represent both men and women in all matters related to prenuptial agreements. You can request an appointment or consultation with our firm to discuss your needs. Please reach out to us for legal advice or assistance regarding your prenuptial agreement. We encourage you to speak with or talk to an attorney at our firm before finalizing any agreement. With the experience to draft, review, and negotiate prenuptial agreements, contracts, and related legal documents, our team is always ready to go the extra mile for clients. If you have any questions or concerns about prenuptial agreements, we can help. Contact us today for a fully confidential, no obligation initial consultation with a top Atlantic County prenup lawyer.

What is a Prenuptial Agreement?

A prenuptial agreement is a binding contract that two people sign before getting married. Prenuptial agreements are a type of premarital agreement, which are legal contracts entered into before marriage to address various issues. It outlines how assets, debts, and potential spousal support will be handled in the event of the end of a marriage, such as divorce or death. In New Jersey, prenuptial agreements are for financial matters, such as property division and other property or financial obligations. They cannot be used for anything related to children born into the marriage. You cannot decide child custody or child support in a prenuptial agreement.

Common reasons for entering into a prenuptial agreement include protecting individual assets, clarifying financial responsibilities, and ensuring fair treatment in case the marriage ends. There are a number of situations where a prenuptial agreement may be recommended, such as when one or both parties have significant assets, own a business, or have children from a previous relationship.

Know the Law for Prenuptial Agreements  in New Jersey

New Jersey does allow for prenuptial agreements. However, such an agreement will only be upheld as legally valid if it meets all applicable requirements. The validity of a prenuptial agreement is crucial, as only a valid agreement will be enforceable in court. A prenuptial agreement becomes effective upon marriage or civil union, meaning it takes legal effect at that point. A prenuptial agreement in New Jersey must satisfy the following criteria in order to be deemed legally enforceable:

• Written, Signed, and Notarized: To start, the prenup must be in writing and signed by both parties before the marriage or civil union. Proper execution of the agreement, including signatures and notarization, is essential for enforceability. Oral agreements are not recognized under New Jersey state law. They will not be enforced by the courts.
• Full and Fair Financial Disclosure: Each party must provide a complete list of assets, liabilities, income, and other financial obligations, attached to the agreement. The disclosure provided must be full and fair to ensure the agreement’s enforceability. One can waive the right to receive certain disclosures, but that waiver must be in writing. A failure to disclose could render the prenup invalid under New Jersey law. It is important to include all relevant financial details and pay close attention to detail in the agreement, as omitting or overlooking specific details can undermine its validity. There should be an exchange of comprehensive financial information between the parties before finalizing the agreement.
• Voluntary (No Coercion): Next, both parties must sign voluntarily, with no duress, undue pressure, or threats. Signing too close to the wedding, especially if under pressure, can be considered involuntary. Courts will scrutinize the circumstances to ensure each signer had enough time and freedom to consider the terms. Consideration of the benefits and drawbacks of entering into a prenuptial agreement is important for both parties before signing.
• Signed Before Marriage: The agreement must be signed before the marriage or civil union. The process to enter into a prenuptial agreement requires that all formalities be completed prior to the legal union.

Agreements executed between the date of the statute adoption in 1988 and an amendment in June 2013 can be challenged based on unconscionability at the time of enforcement. The 2013 amendment eliminated that potential theory for agreements executed or voluntarily revised.

• Fairness (No Unconscionability): Finally, the terms must be fair and reasonable at signing and remain so when enforced. Courts can invalidate unconscionable agreements. In other words, “unfair” terms could be enough to make the agreement unenforceable even without any other legal violations. While independent legal counsel is not strictly mandatory, the best practice in New Jersey is that each party should have their own family law attorney. Each party should consult with independent legal counsel to ensure their rights and interests are protected. Parties are strongly encouraged to seek legal guidance to ensure their agreement is enforceable. There is a need for legal assistance with prenuptial agreements to navigate the legal requirements and complexities involved.

Alternatives to Prenuptial Agreements in New Jersey

While prenuptial agreements are a widely used way for couples to protect their financial interests and assets before marriage, they are not the only option available under New Jersey law. Depending on your unique needs and circumstances, there are several alternatives that may suit your situation just as effectively.

Postnuptial Agreements: A Practical Alternative After Marriage

One common alternative is a postnuptial agreement. Unlike a prenuptial agreement, a postnuptial contract is entered into after the marriage has already taken place. This type of agreement allows spouses to address financial issues, the distribution of assets, and other important terms in the event of a divorce or separation. Postnuptial agreements can be especially useful for couples who did not have a prenup in place prior to getting married, or for those whose financial situation or business interests have changed since the wedding.

Considering a Separation Agreement in New Jersey

Another option is a separation agreement. This contract is designed for couples who are considering a separation but are not yet ready to divorce. A separation agreement can outline the terms for the division of property, financial support, and other arrangements during the period of separation. It can serve as a temporary solution or, in some cases, as a permanent arrangement if the couple decides not to reconcile.

Using Trusts and Estate Planning Tools to Protect Assets

In addition to these agreements, some couples choose to use trusts or other estate planning tools to protect specific assets. For example, placing certain property or investments in a trust can help ensure that those assets are protected and distributed according to your wishes, regardless of what happens in your marriage. This can be particularly important for individuals with significant assets, business interests, or children from a prior relationship.

It is also important to recognize that New Jersey law provides automatic protections for certain types of property, such as inheritances and gifts received by one spouse. These assets are generally not subject to equitable distribution in a divorce, but it is still crucial to document and disclose them fully to avoid disputes later on.

When considering any of these alternatives, parties must make a complete and detailed disclosure of their earnings, property, and liabilities prior to entering into any agreement. Agreements should always be entered into voluntarily, with sufficient time for both parties to review and consider the terms. Consulting with a knowledgeable and experienced New Jersey prenup attorney is a crucial step in the process. An attorney can help you understand your options, ensure that your rights are protected, and guide you in making decisions that suit your needs.

Adapting Agreements to Changing Life Circumstances

Additionally, it is wise to consider how changes in circumstances—such as the birth of children, changes in business interests, or significant shifts in financial status—might impact your agreement. Agreements can often be modified or amended if both parties agree, but it is essential to follow the proper legal process to ensure continued enforceability.

A confidential consultation with a New Jersey prenup attorney provides the opportunity to discuss your specific legal situation, ask questions, and receive guidance tailored to your needs. By taking the time to explore all available options and making informed decisions, you can ensure that your financial interests and assets are protected, both now and in the future.

Why Trust New Jersey Family Lawyer Bonnie Putterman for Help With a Prenuptial Agreement

If you are considering a prenuptial agreement or you have a prenuptial agreement and want it reviewed, a top New Jersey family lawyer can protect your rights and your interests. Our founder Bonnie Putterman is committed to proactive advocacy. With a long record of client testimonials, we have the experience that you can count on when it matters. Along with other things, our Atlantic County prenuptial agreement attorney is prepared to:

• Listen to your story and answer questions about your options;
• Help you draft, negotiate or review a premarital agreement, ensuring that both partners have their rights and interests protected; and
• Take whatever action is needed to establish and/or protect your rights. 

Prenuptial Agreements  in New Jersey: Frequently Asked Questions (FAQs)

Contact Our Atlantic County Prenuptial Agreement Lawyer Today

At Putterman Legal, our Atlantic County prenuptial agreement attorney has the experience to draft, review, and negotiate prenuptial agreements and other marital agreements. If you have specific questions about your rights or your options, please do not hesitate to contact us today for a fully confidential initial consultation at (609) 625-8383. Our firm handles prenups in Atlantic County and throughout the region in New Jersey.