New Jersey Prenuptial Agreement Lawyer

prenuptial agreement with pen and gavel

Are you planning to get married in New Jersey? If so, you might be considering whether a prenuptial agreement or “prenup” is right for you and your fiancé(e). While no one gets married expecting to get divorced someday, the reality is that some marriages end. As a precaution, it might be better to make decisions about things like property division and how to deal with debt in the event of divorce while you are getting along.

What Is a Prenuptial Agreement Under New Jersey Law?

A prenuptial agreement is a legal arrangement between prospective spouses. In a prenup, each partner formally agrees to handle specific matters in a certain way in the event of a divorce. Most prenuptial agreements center on financial issues like how to divide property and who will pay spousal support if the marriage ends.

When Should You Consider a Prenuptial Agreement?

Many people think prenuptial agreements are only for wealthy individuals. The truth is that everyone should consider a prenup when planning to marry, even if neither you nor your partner has substantial assets or debts at the time. Creating a prenuptial agreement allows you to prepare for any eventuality while communicating rationally and well. Prenups are especially useful for individuals who want to protect their rights to business ownership or their child’s right to inherit specific assets, for example.

Potential Benefits of Prenuptial Agreements

couple signing prenup

Prenups are not for everyone, but they do have numerous advantages, including:

  • Encouraging honesty and open communication regarding debts and assets before partners legally marry
  • Saving considerable time and money in the event of a divorce
  • Protecting individual and family property, such as business interests, family heirlooms, and inheritance rights
  • Protecting one spouse from assuming the other’s debt obligations

Are Prenuptial Agreements Enforceable in New Jersey?

New Jersey courts typically presume that the terms of a prenuptial agreement are enforceable unless one party can prove:

  • They did not receive full and fair disclosure of their partner’s assets or debts.
  • They did not voluntarily and expressly waive their right to the disclosure of their partner’s assets and debts.
  • They did not and could not have reasonably had adequate knowledge of their partner’s assets and debts.
  • They did not consult with a lawyer and did not voluntarily and expressly waive their right to consult with a lawyer.

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Can I Modify a Prenuptial Agreement?

prenuptial agreement with engagement rings

Yes, you can modify or revoke a prenuptial agreement if you and your partner both sign a written addendum to the original document after having the opportunity to consider the implications and consult with a lawyer. The New Jersey family law attorneys at Pellettieri Rabstein & Altman are ready to help you explore your options and determine what might be right for you.

How Our Lawyers Help with Prenuptial Agreements

If you have questions about prenuptial agreements in New Jersey and wish to speak with a knowledgeable family law attorney, contact Pellettieri Rabstein & Altman today. We are ready to review your situation and provide straightforward answers.


Published Opinions


Attorneys Dedicated to High Net Worth & Complex Divorces


Cases Settled Directly or Through Mediation

Knowing what to expect from a particular family law judge is vital. In counties in which we frequently practice, we can reasonably anticipate, based upon years of experience before a specific judge, what outcome can likely be expected on important issues such as custody and parenting time, child support, alimony and division of marital assets. 


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