Prenuptial agreements help protect prenuptial assets If you are married in New Jersey, a marriage contract in New Jersey (also known as a prenuptial or marital contract) can be an extremely important planning tool. In fact, preparing a prenup before marriage is an effective way to protect your various assets and financial interests. In the event of divorce, a marriage contract in New Jersey usually protects your prenuptial property and can ensure that your property is exempt from equitable distribution. But a prenup can also describe a variety of other considerations, explain each person`s rights and obligations in the event of a divorce, and even help keep your divorce offline. Since a marriage contract is a legal document, it is advisable to consult a family law lawyer to help you. A prenuptial agreement is unenforceable if the party seeking to cancel the contract proves that (1) the party entered into the contract unintentionally, or (2) the contract was unscrupulous in its performance* because that party was unscrupulous before the performance of the contract: The Uniform Law on Prenuptial Agreements, N.J.S.A. 37:2-31, generally describes the considerations to be taken into account by a court in determining the applicability of prenuptial agreements and imposes also the burden of proof on the party seeking inapplicability. In other words, prenuptial agreements are considered enforceable, and the party wishing to invalidate the agreement must prove that the following factors are in its favour. I advise clients to have the marriage contract drafted, reviewed and signed well in advance of the marriage or the conclusion of a life group association. This reduces the risk of a party claiming that it was under duress when signing the agreement. I also advise that both parties have their own independent counsel to ensure applicability. It is important that a marriage contract is well drafted and that the UPPA is followed.

If you`re considering signing a prenuptial agreement in New Jersey, call Peter Van Aulen today for a free full office consultation at 201-845-7400. By law, a marriage contract is enforceable in New Jersey without consideration. According to this law, the agreement also takes effect with the marriage or with the parties who enter into a civil association. Parties after marriage or registered civil partnership may only amend or revoke a marriage contract by a subsequent letter signed by both parties. The modification or revocation is enforceable without consideration. Einhorn Barbarito`s lawyers understand the stress associated with a divorce process or the death of a spouse. Our focus on preparing comprehensive marriage contracts ensures the protection of our clients` assets in the event of divorce or death. Our in-depth knowledge of New Jersey law allows us to draft prenuptial agreements that can withstand the scrutiny of a New Jersey court and maintain their validity and enforceability. In Steffens, the parties signed a marriage contract the day before their marriage.

The husband wanted the marriage contract because he had already experienced two divorces. So he told his wife that he wouldn`t marry her if she didn`t agree. Both parties signed the marriage contract, which was represented by a lawyer, although the wife`s lawyer advised against her consent. In New Jersey, it is generally accepted that marriage contracts are universally valid and enforceable. However, the likelihood that a court will apply such agreements is increased if the parties have “developed comprehensive and detailed agreements that take into account their particular circumstances.” D`Onofrio vs. D`Onofrio, 200 New Jersey Super. 361, 366 (App. Div. 1985).

The wife argued that the marriage contract was unscrupulous because it did not allow the parties to claim the marital standard of living to determine whether she deserved adequate alimony. However, as noted by the Appeals Division, the Uniform Prenuptial Agreements Act (“CUS”) (N.J.S.A. 37:2-31 to -41) was controlled here, as the parties` marriage contract was signed prior to the amendments to the laws in 2006 and 2013. The Appeal Division held that the UPAA did not require the court to take into account the marital standard of living and that the agreement should therefore be declared enforceable as it expressly prevented the parties from using it as a basis for modifying support. Often, a party is remorseful of the buyer because it does not fully recognize the consequences of entering into a marriage contract at the time of its performance, as stated in an unpublished statement recently issued by the Appeals Service, Steffens v. Steffens, 2019 N.J. Super. Unpublished. LEXIS 2643 (approx. Div. 2019). Couples who leave are not the only ones who can benefit from a prenuptial agreement.

If a couple decides to divorce, a New Jersey prenuptial agreement can also protect family assets that may be at risk. For example, a family that owns a business together may feel more comfortable with a prenuptial agreement. Even if it is not the bride`s preference, a marriage contract can protect the family business from being subject to a fair distribution in the event of divorce in the future. Although matrimonial and life agreements are generally enforceable, a person can obtain a court order annulling (or invalidating) the agreement. This is not an easy task; these are often lengthy legal disputes. In New Jersey, marriage contracts are called “prenuptial agreements” and can also be entered into before a civil association. A marriage contract must be in writing and signed by each spouse and takes effect at the time of marriage. While New Jersey marriage contracts may contain various provisions (presented in the table below), they cannot contain provisions that “interfere with a child`s right to child support.” A marriage contract can only be revoked or amended by a written agreement signed by the couple.

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