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Prenuptial Agreements | Senoff & Enis Family Law Firm

We have included some information that would pertain to the possibility of having such an agreement.

Question: What is a Prenuptial Agreement?

Answer: A prenuptial agreement is a contract between two people who are about to marry regarding their respective property and support rights upon termination of the marriage by divorce or death, and sometimes regarding property rights during the marriage.

A prenuptial agreement is a legal contract entered into by a couple before marriage that specifies things like the division of their finances and assets, especially in case the marriage ends, such as through divorce or separation.

The word prenuptial means before marriage. Prenuptial agreements are far more commonly referred to with the informal term known by most people as a prenup.

Question: What should a Prenuptial Agreement include?

Answer:  Every prenuptial agreement is different based on what the couple wants it to include or not to include.

  • Most prenuptial agreements include subjects such as which member of the couple is entitled to certain portions of property, inheritance, and savings, or which member is responsible for certain things, such as debt, payments and other obligations.

The general opinion about prenuptial agreements has traditionally been quite controversial. Some people view them as pessimistic.

Many associate their use with wealthy individuals who marry people who aren’t as wealthy.

Any individual who’s about to get married would not like to consider that there is a possibility that the marriage may have some unexpected events.

However, many people consider it good sense to enter into a prenuptial agreement to define a predetermined agreement. This is a possible consideration, especially since deciding how to define assets during a divorce can be extremely complicated.

Question: How is a Prenuptial Agreement valid?

Answer:  Requirements for a Valid Agreement are as follows:

  • Under NJ law, the following are required for a prenuptial agreement to be found valid if;
  • Signed writing by both parties
  • Full financial disclosure of each party’s income, assets and liabilities
  • Voluntary entry into the agreement (no fraud or duress)
  • Representation of counsel by each party (unless one party voluntarily and knowingly agrees to waive his or her right to counsel). This must be done in writing and signed

Question: How is a Prenuptial Agreement governed?

Answer:  In New Jersey, prenuptial agreements are governed by the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31. Prenuptial Agreements are open to any engaged couple that wishes to address the following topics:

  • Future division of assets upon a separation event and/or divorce
  • Alimony / Support
  • Estate rights; any properties owned by a party defined
  • Ownership and property rights as to property acquired during the marriage in joint name or that maybe in individual names
  • Any other topic they wish to address pursuant to the rule of law


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Senoff & Enis Family Law Firm

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Explaining the different possibilities that an individual may face based on their own unique circumstance.

We have included some information that would pertain to the possibility of having such an agreement.

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