What can I include in a Prenuptial Agreement in new Jersey?

If you and your partner are getting married, there is a lot of planning to be done. In addition to more exciting steps like planning your wedding, you will also have to plan for your future together. This is especially true when it comes to finances. Joining finances together can be complicated, as a result, many couples turn to prenuptial agreements in order to help establish boundaries, make important financial decisions, and more. Read on to learn more about creating a prenuptial agreement in New Jersey.

What is a New Jersey prenuptial agreement?

A prenuptial agreement is a legal agreement that declares how a couple’s assets should be divided in the event that their marriage comes to an end. Notably, these documents must be created before the couple gets married. Many couples avoid prenups because they deal with the end of a marriage before the marriage has even begun. However, it is important to understand that a prenup does not indicate a lack of trust or an unstable marriage. These agreements allow couples to get important financial conversations out of the way, make sure they are on the same page, and enter into this new phase of their lives feeling secure.

What can I include in a prenup?

You can use an NJ prenup to address common issues that arise during a divorce, such as the following:

• Inheritances
• Life insurance policies
• Rights to buy, sell, or otherwise manage assets
• Rights of both spouses to join or separate property during or after their marriage

Can Alimony Be Predetermined?

You should also note that alimony can be addressed in a prenuptial agreement. This allows you to set a minimum alimony amount or establish that alimony can only be awarded if the marriage lasts for a predetermined period of time.

What cannot be included in a prenup?

There are some items that cannot be addressed in a prenuptial agreement, as the court ultimately has the final say in these matters:

Child Custody:

In New Jersey, courts determine child custody based on the best interests of the child at the time of the divorce. As such, the court cannot enforce terms that were determined before the parents separated.

Child Support:

Because child support belongs to the child, a couple cannot waive this right in advance.You may, however, address related financial issues, like inheritance rights and provisions regarding future educational expenses

What makes a prenup valid?

In order for a prenuptial agreement to be considered valid in accordance with New Jersey’s Premarital and Pre-Civil Union Agreement Act (revised in 2024) it will have to meet the following requirements:

• Prenuptial agreements must be in writing
• They must be notarized or executed in front of a notary
• They must be fair and just to both parties
• Both spouses must either retain legal counsel or explicitly waive their right to counsel
• Prenuptial agreements must include a complete disclosure of finances
• They must be executed before marriage

What if I got married without a prenup in New Jersey?

Many people forego prenuptial agreements and later change their minds. If you have already gotten married without a prenup, you still have the option to create a postnuptial agreement. This document has the same purpose. The main difference is that it is created after the wedding, rather than before it.

If you and your spouse are interested in creating a prenuptial agreement, working with an experienced attorney with Haber Silver Russoniello & Dunn is in your best interest. Our team understands how difficult these matters can be for those in Morris County and throughout New Jersey, which is why we will do everything in our power to help you protect yourself. Contact us today to learn more.