Our New Jersey family law attorneys are well aware of the complex legal loopholes often found in premarital agreements.

What is a Premarital Agreement?

A premarital agreement is a written contract created by two people before they are married.  The contract lists the assets of each spouse and explains how the property will be divided in the event of a divorce or the death of one spouse.  Couples often choose to draft premarital agreements when there is a significant difference in income between the spouses and/or neither spouse wants to endure a drawn-out divorce.

What Is Required for a Valid Premarital Agreement in the State of New Jersey?

The New Jersey version of the Uniform Premarital Agreement Act (UPAA) states what is required for a valid premarital agreement within the state.  The requirements are, as follows:

• The agreement must be in writing.
• The agreement must be signed by both spouses, with their full consent.
• A statement of assets must be attached to the agreement. This is to guarantee that there will be a fair and reasonable disclosure of the respective spouses’ financial information, which gives the couple or the court the capability to determine the fairest distribution of property.
• The agreement must be executed before the couple is married.
• It should be fair to both spouses, with no evidence of manipulation, deception or coercion into signing the agreement.
• Both spouses must either retain legal counsel or waive their right to counsel.

How The GC Law Firm May Help You

Our family law attorneys are well-versed in drafting premarital agreements and making sure they are valid by New Jersey standards.  Contact us today at (201)-488-1825, or through our website, to get started!