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If you and your partner are ready to take the next step and get married, you should first strongly consider drafting a prenuptial agreement. Please continue reading and speak with our experienced New Jersey family law attorneys to learn more about prenuptial agreements and how we can help you draft one. Here are some of the questions you may have:

Why would a couple draft a prenuptial agreement?

The primary function of a prenuptial agreement in New Jersey is to protect both you and your future spouse’s assets from a potential divorce. You can outline what will happen with certain assets, as well as outline what will happen with certain future divorce-related terms, such as alimony payments. These are a great way to give couples the peace of mind they deserve so they can go on focusing solely on what matters most, knowing that should the day come, their assets will be protected from the equitable distribution process.

How do I know if my prenuptial agreement is valid in NJ?

Of course, as with any legal document, it means nothing if it is not considered valid and enforceable in the eyes of the law. In New Jersey, if you wish to have a valid prenuptial agreement, it will have to meet several standards. Those standards are as follows:

  • The agreement must be in writing
  • The agreement must be executed before the couple is married.
  • The agreement must fully disclose each spouse’s assets and possessions.
  • The agreement must be notarized, or otherwise executed in front of a notary.
  • The agreement must be fair and just towards both parties.
  • There must be no evidence of coercion, manipulation, or deceit into signing the agreement.
  • Both people must indicate that they have had sufficient time to consider the agreement, and that they truly wish to sign such an agreement.

Are there any alternatives to prenuptial agreements in NJ?

If you are someone who has already gotten married and you have not drafted a prenuptial agreement, have no fear–you may still draft a document known as a postnuptial agreement. These documents serve the same essential purpose as prenuptial agreements, however, they are drafted solely after a marriage has taken place. If you have any additional questions, please do not hesitate to give our knowledgeable Bergen County family law attorney a call today. Our firm is always here to help.


Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.

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