FAQs for Pre Nuptial / Pre Marital Agreements

A prenuptial agreement is a legal contract entered into by a couple before marriage or civil union in New Jersey. Governed by the UPAA, it establishes rights and obligations regarding property, debts, and finances in the event of divorce, separation, or death. It covers division of property, spousal support, and inheritance rights.

In New Jersey, a prenuptial agreement can cover various aspects related to financial matters and property rights such as division of property, spousal support, inheritance rights, business interests, financial obligations, asset protection, and other financial issues that may arise in the event of a divorce or death. However, child custody and child support cannot be addressed in a prenuptial agreement.

Considering a prenuptial agreement in New Jersey can have several benefits and reasons that may be relevant to your specific situation. Here are some common reasons why individuals choose to enter into a prenuptial agreement: Protecting Separate Property, Defining Property Division, Addressing Debt Allocation, Protecting Business Interests, Clarifying Spousal Support, Preserving Inheritance Rights, and Financial Transparency.

Whether you need a prenuptial agreement in New Jersey, even without significant assets, depends on your specific circumstances and priorities. While prenuptial agreements are often associated with the protection of substantial assets, they can still have benefits in situations where individuals have limited assets.

To create a prenuptial agreement in NJ, you and your partner will need to work with an attorney to draft the agreement. The agreement must be signed by both parties and notarized.

Yes, a prenuptial agreement can be contested in New Jersey under certain circumstances. If a party believes that the prenuptial agreement is invalid, unfair, or was entered into under duress, they can contest its enforceability.

Yes, a prenuptial agreement can be amended or revoked in New Jersey, but certain conditions must be met for the changes to be valid and enforceable. To amend a prenuptial agreement, both parties must agree to the changes and execute a written amendment that clearly outlines the modifications. To revoke or cancel a prenuptial agreement, one can either execute a written revocation signed by both parties, orally in court with both parties present, and lastly, through divorce or legal separation.

In New Jersey, while a prenuptial agreement can cover various financial matters and property rights, it cannot include provisions related to personal issues such as infidelity, household chores, or other intimate matters. Prenuptial agreements are primarily focused on addressing financial and property-related aspects of a marriage.

While it is not a legal requirement for both parties to have their own attorney when creating a prenuptial agreement in New Jersey, it is highly recommended and strongly advised. Having separate legal representation for each party helps ensure fairness, transparency, and protection of individual interests.

The cost of a prenuptial agreement in New Jersey can vary depending on several factors, including the complexity of the agreement, the specific circumstances of the parties involved, and the attorney’s fees. It is important to have a transparent discussion with your attorney about the anticipated costs and the billing structure. Some attorneys charge a flat fee for prenuptial agreement services, while others may bill on an hourly basis.

Remember that the cost of a prenuptial agreement should be viewed as an investment in protecting your rights and interests. It is advisable to obtain cost estimates from multiple attorneys, compare their services, and choose an attorney who is experienced in family law and prenuptial agreements in New Jersey. Ultimately, the cost will depend on your unique circumstances and the complexity of the agreement. It is recommended to consult with an attorney to discuss your specific needs and obtain an accurate cost estimate based on your situation.