Is my prenuptial agreement valid?

One of the things that may inevitably come up in conversation amongst a newly engaged couple is whether they should get a prenuptial agreement. These agreements can protect each party in the unfortunate event that the marriage ends in divorce at some point down the road. Of course, the most important thing is that the prenuptial agreement is valid in the eyes of New Jersey. In order to make sure that a prenuptial agreement is valid in New Jersey, an individual must abide by the following provisions:

  • The agreement must be in writing
  • The agreement must be voluntary and neither party should feel forced into signing an agreement that they do not feel comfortable with
  • The agreement must be fair and just to both parties, avoiding any extreme language or conditions
  • The agreement must be signed by a notary public
  • The agreement must include a full financial disclosure for each party at the time in which it is executed
  • The agreement must be executed before the marriage is legally recognized by the state of New Jersey. Any agreements that are signed after the couple is married are considered post-nuptial agreements.

It may be a good idea for each party to retain separate legal counsel before signing any prenuptial or postnuptial agreements to ensure their rights are represented.

Paris P. Eliades Law Firm, LLC is a divorce and family law firm serving clients in Sussex, Morris, and  Passaic County and throughout New Jersey with compassionate, quality legal services. Contact our office today for a free initial consultation.