Prenuptial Agreements
Prenuptial Agreements in New Jersey: Protecting Your Future
A thoughtfully prepared prenuptial agreement (also called a premarital agreement) can provide peace of mind, protect hard-earned assets, and reduce the emotional and financial cost of divorce. Far from being unromantic, many couples today view prenups as a responsible way to start a marriage with clarity and fairness. At Gebhardt & Kiefer, P.C., our family law attorneys help clients throughout New Jersey draft, review, and enforce prenuptial agreements that are legally sound and tailored to their unique circumstances.
What Can a Prenuptial Agreement Cover in New Jersey?
Under New Jersey law (N.J.S.A. 37:2-31 et seq.), parties may contract regarding a wide range of matters, including:
- Rights and division of property (separate, marital, and acquired during marriage)
- Modification or elimination of spousal support (alimony)
- Disposition of property upon death, divorce, or separation
- Ownership and beneficiary designations for life insurance and retirement accounts
- Creation of wills, trusts, or other estate planning arrangements
- Choice of governing law
Important limitation: Prenuptial agreements cannot determine child custody, parenting time, or child support for children not yet born—these issues are always decided based on the child’s best interests at the time of any future proceeding.
Requirements for a Valid and Enforceable Agreement
For a prenup to be enforceable in New Jersey, it must meet strict requirements. The party challenging the agreement bears the burden of proof by clear and convincing evidence. Key elements include:
- Voluntary execution: No duress, fraud, or undue influence. The agreement must be signed well before the wedding (ideally at least 30–60 days prior) to avoid claims of last-minute pressure.
- Full and fair financial disclosure: Each party must provide complete, accurate information about assets, income, debts, and liabilities. Hidden assets can invalidate the agreement.
- Independent legal counsel (or written waiver): Each party should have their own attorney review the agreement. Waivers of counsel must be knowing and voluntary.
How We Help You Create or Review a Prenuptial Agreement
Our attorneys bring decades of combined experience drafting and litigating prenuptial agreements. We take the time to understand your goals—whether protecting a family business, safeguarding inheritance, or ensuring fairness in a second marriage—and translate them into clear, enforceable language.
- Custom drafting tailored to your assets, family situation, and goals
- Thorough review of agreements prepared by the other party’s counsel
- Guidance on timing, disclosure, and execution to maximize enforceability
- Litigation of enforcement or invalidation proceedings if disputes arise later
Frequently Asked Questions
Are prenuptial agreements enforceable in New Jersey?
Yes. Properly drafted and executed agreements are fully enforceable. New Jersey courts respect the freedom of contract between competent adults when the statutory requirements are met. It is critical to know that different statutes regarding prenuptial agreements are applied depending on the date of the agreement and different standards applied; this is a crucial distinction.
Do both parties really need their own lawyers?
Yes. Having independent counsel for each party dramatically reduces the risk that the agreement will later be challenged or set aside. We routinely advise clients to ensure the other party also has representation.
Can we include provisions about children we plan to have?
You can address financial matters and property division, but provisions attempting to predetermine custody, parenting time, or child support for future children are not typically enforceable. Those issues are always decided in the child’s best interests at the time.
How far in advance should we sign the agreement?
Ideally, at least several months before the wedding. Signing too close to the wedding date can support claims of duress or undue influence. We recommend starting the process at least 3–6 months prior to allow time for full disclosure, negotiation, and review.
Whether you are entering your first marriage, a second marriage with blended families, or bringing significant assets into the union, a well-crafted prenuptial agreement can protect everyone involved. Contact Gebhardt & Kiefer, P.C. today at 908-735-5161 to schedule a confidential consultation with one of our experienced family law attorneys. We have been helping New Jersey couples plan for the future since 1884.