Prenuptial Agreements in New Jersey

A prenuptial agreement is a very personal decision for each couple, and one that requires careful consideration and communication. It is difficult to consider the possibility of a marriage ending before it has begun, but ultimately, a prenuptial agreement can strengthen your relationship and provide the peace of mind of knowing there is a plan in place in case your circumstances change.

Prenuptial agreements are appearing more in courts today than ever before. Unlike a common misconception, a prenuptial agreement is not an advantage reserved for wealthy people. Spouses that wanted to protect previously owned property, inheritance for children from a previous relationship, or their business assets. Now, it is considered a wise and reasonable measure to prepare for your economic future in the wake of divorce. Our team of family lawyers can help guide you through the process while keeping your best interests in mind.

What is a Prenuptial Agreement in New Jersey?

A prenuptial agreement is a contract between two parties before marriage regarding assets and property distribution in the event of divorce or death. A prenuptial agreement in New Jersey has specifications of what is allowable in a prenuptial agreement:

Parties to a premarital or pre-civil union agreement may contract with respect to:

The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
The modification or elimination of spousal or one partner in a civil union couple support;
The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
The ownership rights in and disposition of the death benefit from a life insurance policy;
The choice of law governing the construction of the agreement; and
Any other matter, including their personal rights and obligations, not in violation of public policy.

L.1988, c.99; amended 2006, s.103, s.29.

NJ Rev Stat § 37:2-35 (2013)

Who Should Get a Prenuptial Agreement in New Jersey?

Regardless of your personal circumstances, you should consider a prenuptial agreement before marriage. While the divorce rate in the U.S. is north of 50%, only about 1% of couples will establish a prenup. Not every prenuptial agreement is made because one spouse has significantly more income than the other, contrary to popular belief. One spouse may have has any significant debt, own a family business, or have family money. If so they should contact a lawyer. A prenuptial agreement can clear this potential issue on inheriting part of your spouse’s debt. Men and women who have children from previous relationships also have the opportunity to make sure their children’s inheritance is secure.

Each couple’s situation is unique and we treat each case on an individual basis. Contact The Law Offices of Gruber, Colabella, Thompson, Hiben & Montella today to schedule a free consultation with a family law lawyer.