Valid Prenuptial Agreements in New Jersey

One of the things that is so important for a newly engaged couple to consider in New Jersey is executing a prenuptial agreement. There is an unfortunate stigma regarding prenuptial agreements, causing people to believe anyone with a prenuptial agreement is destined for divorce (not true) and that they are only for the very wealthy (also not true.) Anyone can execute a prenuptial agreement as long as it is valid in the eyes of the state. In order to make sure that a prenuptial agreement is valid, it has to meet the following criteria:

  • It must be executed before the marriage begins
  • It must be in writing
  • It must be notarized
  • It must be fair and just to both parties
  • It must be voluntary
  • It must include a full financial disclosure for both parties

When a couple does create their prenuptial agreement, it can include matters related to fidelity in the relationship, inheritance, the appreciation of property, real estate, and spousal support. However, New Jersey does not allow the prenuptial agreement to include any language about the current or future children that the couple may have together such as custody, child support, or visitation.

If you and your fiance are considering a prenuptial agreement, contact our firm today.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.