Is Your Premarital Agreement Valid in the State of New Jersey?

September 28, 2020

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!

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250 Moonachie Rd, Ste. 200, Moonachie, NJ.

(201) 488-1825

2 Park Avenue - 20th Floor New York, NY 10016

(212) 878-6699

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