Prenuptial and Postnuptial Agreements in New Jersey

Prenuptial and postnuptial agreements provide a structured way for spouses to address financial matters and other important issues before or during their marriage. In New Jersey, these agreements are legally binding contracts that can establish rights and responsibilities in the event of divorce. Properly drafted and executed, these agreements help spouses gain clarity and minimize potential conflicts.

The decision to create a prenuptial or postnuptial agreement can stem from various circumstances, such as significant differences in income, ownership of substantial assets, or concerns about protecting family inheritances. These agreements can help set expectations and protect the interests of both parties, provided they comply with New Jersey law. Our New Jersey prenuptial and postnuptial agreement lawyers at Sanvenero & Cittadino Attorneys at Law are here to explain how these agreements work and if one might be right for you.

What Is a Prenuptial Agreement?

A prenuptial agreement, often called a “prenup,” is a legal document signed before marriage. It outlines how a couple’s assets and debts will be divided in the event of divorce or death. These agreements can also address other financial matters, such as spousal support.

What Do Prenuptial Agreements Include?

Our New Jersey prenuptial and postnuptial agreement lawyers draft custom prenups for clients; there can be basic, more common categories and more unique ones. Here are some of the more common inclusions:

• How life insurance policies will be managed.
• Guidelines for purchasing, using, selling, and otherwise handling specific assets.
• Alimony and other forms of spousal support.
• Joining or separating property during or after the marriage.
• Division or ownership of real estate.
• Division or ownership of a family business.

However, New Jersey law prohibits certain provisions in these agreements. For example, they cannot predetermine child custody or child support arrangements, as these matters must be decided based on the child's best interests at the time of the dispute.

If you have other issues you would want in the agreement, our New Jersey prenuptial and postnuptial agreement lawyers can help with those as well.

What New Jersey Laws Apply to Prenuptial Agreements?

The Uniform Premarital and Pre-Civil Union Agreement Act in New Jersey governs prenuptial agreements. To be enforceable, the agreement must be in writing and signed by both parties, and it must include a full disclosure of assets, liabilities, and income. Both parties must voluntarily enter into the agreement and have sufficient time to review its terms before signing; the document must also be notarized.

Courts in New Jersey may refuse to enforce a prenuptial agreement if it was entered under duress, is unconscionable, or fails to meet the guidelines explained above.

Our New Jersey prenuptial and postnuptial agreement lawyers are skilled at drafting agreements that comply with the law and reflect the intentions of both parties.

Can These Agreements Be Used to Safeguard Inheritances or Family Assets?

Yes, prenuptial and postnuptial agreements can be effective tools for safeguarding inheritances and family assets. These agreements allow you to outline specific terms regarding the ownership and division of inherited property or assets in the event of a divorce. For example, if you expect to inherit real estate, financial accounts, or other valuable assets, you can use a prenuptial or postnuptial agreement to designate those items as separate property, ensuring they remain with you regardless of marital circumstances.

Additionally, these agreements can protect family businesses or generational wealth, clarifying that such assets are not subject to division. To maximize enforceability, both parties should fully disclose financial information, and the agreement must be created without pressure or unfair terms.

How Is a Postnuptial Agreement Different from a Prenuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement but is executed after a couple has married. Like a prenuptial agreement, it defines how assets and liabilities will be handled in the event of divorce or death. These agreements can also address other matters, such as financial responsibilities during the marriage.

While prenuptial agreements are often seen as proactive measures, postnuptial agreements can help address issues that arise during a marriage. Spouses may decide to create a postnuptial agreement for various reasons, such as a significant change in financial circumstances, the birth of children, or concerns about marital stability. New Jersey courts generally recognize postnuptial agreements, provided they meet specific legal standards.

Can These Agreements Be Modified or Revoked?

Yes, prenuptial and postnuptial agreements can be modified or revoked if both parties agree. In New Jersey, any changes or revocations must be made in writing and signed by both parties to be legally enforceable.

Life events such as significant changes in financial circumstances, the birth of children, or relocation may prompt spouses to revisit their agreements. Modifications allow spouses to adjust the terms to reflect their current needs and goals.

Why Is Legal Assistance Important for These Agreements?

The legal requirements for prenuptial and postnuptial agreements in New Jersey are detailed and specific. Drafting these agreements without professional guidance can lead to errors or omissions that render them unenforceable.

Our New Jersey prenuptial and postnuptial agreement lawyers provide valuable assistance by drafting the agreement, reviewing its terms, and advising on the legal implications of specific provisions. Legal representation for both parties is often recommended to avoid conflicts of interest and protect each individual’s rights.

Working with an attorney helps create comprehensive, fair, and compliant agreements with New Jersey law. This reduces the risk of disputes and enhances the likelihood that the agreement will be upheld in court.

Speak With the New Jersey Prenuptial and Postnuptial Agreement Lawyers at Sanvenero & Cittadino Attorneys at Law

Prenuptial and postnuptial agreements offer spouses a practical way to define their financial rights and responsibilities. These agreements can provide clarity and reduce potential conflicts, but they must comply with New Jersey’s legal standards to be enforceable. The experienced New Jersey prenuptial and postnuptial agreement lawyers at Sanvenero & Cittadino Attorneys at Law are here to help. Call 732-743-9665 or complete our online form for a free consultation. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.