A New Jersey prenuptial agreement is a document outlining provisions for a potential divorce, the death of a spouse, or a legal separation. In this process, each individual will declare their assets acquired before marriage and detail how these assets should be distributed should the marriage dissolve.
Additionally, the agreement can set terms for modifying alimony and parental rights, provided these terms do not contravene public policy or adversely affect a parent’s capacity to financially support a child. This agreement becomes valid upon the couple’s marriage or the establishment of a civil union.
Laws:
Signing Requirements: The written agreement must be signed by both parties; while a notarization is not a legal necessity, it is still advised. (§ 37:2-33).
Dividing Property: Equitable Distribution (§ 2A:34-23.1).
Under New Jersey law, specifically § 37:2-33, couples are mandated to include a statement detailing their current assets when entering into a prenuptial agreement.
The parties must have a significant connection or nexus for the New Jersey court to have jurisdiction over the agreement. This connection can be established if one party resides in New Jersey, owns property, or is set to marry within the state.
No, not necessarily. While New Jersey law does not mandate the involvement of a prenup lawyer for the agreement to be valid and enforceable, choosing not to hire one requires you to formally renounce your right to separate legal representation in the agreement itself (§ 37:2-38).
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