Making Prenuptial Agreements Court-Proof

Talking about divorce before saying "I do" can feel a bit awkward, but with New Jersey's divorce rate at 7.03%, discussing prenuptial agreements is a smart move. While prenups aren't for everyone, those who choose to have one need to ensure it's legally sound. Here’s how to make sure your prenup is enforceable in court.

Key Steps to a Solid Prenuptial Agreement

1. Get It in Writing
   Oral agreements won’t hold up in court. To be legally binding, your prenup must be in writing, signed by both parties, and notarized in New Jersey. Importantly, it must be signed before the wedding.
2. Ensure Fairness
   Both partners should contribute to the document. An agreement that feels one-sided or was signed under pressure could be deemed invalid. Aim for balance to show cooperation and fairness.
3. Full Disclosure of Assets
   Both parties need to fully disclose their income and assets. If someone hides information or provides false details, it could jeopardize the agreement's validity.
4. Know What Can’t Be Included
   Prenups can't cover child support or anything illegal. Make sure your agreement sticks to asset division and similar topics.

What to Know About New Jersey Laws

Each state has specific rules for prenuptial agreements. Here are some important New Jersey points:

• Judicial Review: Since a 2013 law change, judges look at prenups based on how they were crafted, not how they fare during divorce.
• Sunset Clause: New Jersey allows a “sunset clause,” meaning you can set an expiration date for your prenup. For example, it could become void after the birth of your first child or after 20 years of marriage.