So you have made a major life decision; you got engaged to be married! You and your fiancée are filled with joy. One or both of you want to have a prenuptial agreement ("prenup").

A "prenup" is a legal contract that couples enter into before marriage to outline how assets and debts will be handled in the event of divorce or death. While discussing a prenup may not feel romantic, it can provide peace of mind and financial clarity for both partners. If you are considering a prenup in New Jersey, here's how to prepare to make the best use of your time with your lawyer.
1. Understand the Basics of a Prenuptial Agreement
In New Jersey, prenuptial agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act. A valid prenup must be:
-
In writing – Oral agreements are not enforceable.
-
Voluntarily signed – Neither party should be coerced into signing.
-
Based on full financial disclosure – Both partners must provide a full and fair disclosure of their assets, debts, and income.
-
Fair and reasonable – The agreement should not be overly one-sided at the time of execution.
-
Signed with legal representation – While not required, having separate attorneys helps ensure fairness and enforceability.
2. Make a List of Your Assets and Debts
Before seeing a lawyer, gather a comprehensive list of your financial situation, including:
-
Bank accounts
-
Real estate properties
-
Retirement accounts and pensions
-
Investments (stocks, bonds, mutual funds)
-
Business interests
-
Prior family obligations
-
Debts (student loans, credit cards, mortgages)
-
Expected inheritances or future earnings
Providing accurate financial disclosure is crucial, as failure to do so could result in the prenup being invalidated in court.
3. Discuss Your Goals and Expectations
Have an open conversation with your fiancé(e) about what you want to achieve with the prenup. Consider the following questions:
-
Do you want to keep certain assets separate?
-
How will debts be handled?
-
Will spousal support (alimony) be waived or limited?
-
What happens to joint assets acquired during the marriage?
-
Will a business or professional practice be protected?
Understanding each other's concerns and expectations before consulting a lawyer will make the process smoother.
4. Research and Choose the Right Lawyer
Since New Jersey has specific laws governing prenuptial agreements, choosing an experienced family law attorney is essential. Each party should have separate legal counsel to ensure fairness and independent representation. When selecting a lawyer, consider:
-
Their experience in drafting and enforcing prenups
-
Their approach to negotiation
-
Their ability to explain complex legal terms in a clear manner
5. Allow Plenty of Time Before the Wedding
Prenuptial agreements should be discussed and finalized well before the wedding. If one party signs the agreement under pressure right before the wedding, it could later be challenged as being signed under duress. A good rule of thumb is to start the process at least three to six months in advance.
Final Thoughts
A prenuptial agreement is not about expecting a marriage to fail—it's about planning for the future and protecting both partners. By taking the time to prepare and consult with a knowledgeable attorney, you can create a fair and legally sound agreement that benefits both parties. If you're getting married in New Jersey and considering a prenup, start gathering your financial documents and have open discussions with your partner to ensure a smooth process.
Contact Us Today
Protect your financial future and build a solid foundation for your marriage by contacting DeMichele & DeMichele attorney by phone at 856-546-1350. You can also contact us by clicking here. Let us help you draft a prenuptial agreement that works for you and your spouse, giving you both peace of mind as you move forward in your relationship.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment