Prenuptial Agreement Rights in New Jersey
When making a premarital contract, there are many factors to consider. You have prenuptial agreement rights in New Jersey that include full disclosure, knowledgeable consent, and due notice. If you are concerned that your rights have been breached or you want to create a new marital agreement, call a skilled prenuptial agreement lawyer today.
Limitations on Prenuptial Agreements in New Jersey
As a limitation, the prenuptial agreement cannot adversely affect the best interest of a child via child support. Likewise, if someone enters a prenuptial agreement involuntarily, it will also be invalid. If the contract is unconscionable or there is incomplete/unfair disclosure, then that would limit a prenuptial agreement.
Transactional Rights and Protections in a Prenuptial Contract
The transactional rights and protections in the context of a prenuptial agreement in New Jersey are to ensure both parties are protected and the agreement is enforceable. The parties want to make sure that there is fair disclosure with all earnings, property, financial obligations. If there is not full disclosure, the other party must waive their right to that disclosure in writing. It is important to make sure that the other party has adequate knowledge of all the property and financial obligations.
Ensuring that all parties have access to third party legal counsel can help make sure the agreement is enforceable. If they choose to not engage counsel, they must waive that right in writing. These protections can be used to secure premarital assets.
There will likely be some stipulations about acquired property and investments in any premarital contract. Though an investment account may predate a marriage, there may be interest that grows during the course of the marriage. This capital may be considered shared marital property unless an agreement says otherwise. If the value of the real estate grows during the marriage, that the growth during the marriage may still be exempt in the event of a divorce.
Reasons a Prenuptial Agreement May be Voided
A prenuptial agreement would be voided or set aside if one of the parties executed the agreement involuntarily, if there was incomplete disclosure, or the prenuptial agreement is unconscionable at the time of enforcement. A premarital agreement may also be set aside if one party did not have access to or consult independent legal counsel that could advise them of their own best interest.
Prenuptial agreements are not enforceable if the party seeking to set aside the contract proves that either the agreement was entered involuntarily, or the agreement was unconscionable when it was executed because the party:
- Was not provided full and fair disclosure of the earnings, property, and financial obligations of the other party
- They did not voluntarily and expressly waive (in writing) any right to disclosure of the property or financial obligations of the other party
- Did not have (or could not have had) adequate knowledge of the property or financial obligations of the other party
- Did not consult with their own attorney or voluntarily and expressly waive the opportunity to consult with his or her own attorney
Call a New Jersey Attorney About Your Prenuptial Agreement Rights
If you are entering a prenuptial agreement or are in the process of executing one, you have specific rights. A skilled family lawyer may be able to help you understand those rights to better craft a new prenuptial agreement, or contest an existing one. Call an attorney today to schedule a consultation on your prenuptial agreement rights in New Jersey.
