Premarital agreements executed as of November 3, 1988 and thereafter are governed by the Uniform Premarital Agreement Act or UPAA. Many parts of the UPAA were adopted by the New Jersey Legislature and can be found in our state statutes. According to the UPAA and New Jersey law, the burden to prove that a premarital agreement is not enforceable is on the party trying to prove that the agreement should not be enforced. Furthermore, under the UPAA, premarital agreements must be in writing, must contain a statement of the assets of both parties attached thereto, and must be signed by both parties.
According to the UPAA, to find that a prenuptial agreement is not enforceable, the party seeking to render the agreement unenforceable must prove one of the following:
- He or she executed the agreement involuntarily;
- The agreement was unconscionable at the time enforcement was sought;
- Before the agreement was executed he or she was not provided full and fair disclosure of the earnings, property and financial obligations of the other party; that he or she did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and he or she did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
- That he or she did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel prior to executing the premarital agreement.
It is important to consult with and retain an attorney if you plan on entering into a premarital agreement. Furthermore, because of the effect the timing of the execution of the agreement may have on the agreement’s enforceability, the process of drafting same should be undertaken months in advance of the wedding date.
Contact an Experienced New Jersey Family Lawyer at Lyons & Associates
To obtain additional information about family or divorce law in New Jersey, or to discuss how we can assist you with your situation, please schedule a confidential consultation with New Jersey family law attorney Terry Lyons or one of our experienced New Jersey divorce lawyers by calling 908-575-9777, or filling out our intake form.