Prenuptial Premarital Agreement

Sometimes there are areas of law about which Uniform Acts are written and adopted by the various states. Premarital Agreements is such as area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS adopted the final version of the Uniform Premarital Agreement Act in 1983. Since that date, the act, as modified by the various states, has been adopted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah and Virginia. At the heart of the act is the provision which provides that such an agreement is generally valid if it is in writing and it sets forth the factors to consider if the agreement is challenged.

New Jersey Statutes

Short title:

This article shall be known and may be cited as the "Uniform Premarital Agreement Act." Source: New. L. 1988, c. 99, § 1.37:2-31.

Definitions:

As used in this article:

a. "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage;

b. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings;

c. "Unconscionable premarital agreement" means an agreement, either due to a lack of property or unemployability:

(1) Which would render a spouse without a means of reasonable support;

(2) Which would make a spouse a public charge; or

(3) Which would provide a standard of living far below that which was enjoyed before the marriage. Source: New. L. 1988, c. 99, § 1.37:2-32.

Formalities; consideration:

A premarital agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration. Source: New. L. 1988, c. 99, § 1.37:2-33.

Contents of premarital agreement:

Parties to a premarital agreement may contract with respect to:

a. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

b. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

c. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

d. The modification or elimination of spousal support;

e. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

f. The ownership rights in and disposition of the death benefit from a life insurance policy;

g. The choice of law governing the construction of the agreement; and

h. Any other matter, including their personal rights and obligations, not in violation of public policy. Source: New. L. 1988, c. 99, § 1.37:2-34.

Premarital agreement not to adversely affect right of child support:

A premarital agreement shall not adversely affect the right of a child to support. Source: New. L. 1988, c. 99, § 1.37:2-35.

When premarital agreement becomes effective:

A premarital agreement becomes effective upon marriage of the parties. Source: New. L. 1988, c. 99, § 1.37:2-36.

Amendment or revocation of premarital agreement:

After marriage of the parties, a premarital agreement may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration. Source: New. L. 1988, c. 99, § 1.37:2-37.

Enforcement of premarital agreement; generally:

The burden of proof to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable. A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:

a. The party executed the agreement involuntarily; or

b. The agreement was unconscionable at the time enforcement was sought; or

c. That party, before execution of the agreement:

(1) Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;

(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;

(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or

(4) Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.

d. The issue of unconscionability of a premarital agreement shall be determined by the court as a matter of law. Source: New. L. 1988, c. 99, § 1.37:2-38.

Enforcement of premarital agreement; marriage determined void:

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. Source: New.37:2-39.

Construction of article:

This article shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting the "Uniform Premarital Agreement Act." Source: New. L. 1988, c. 99, § 1.37:2-40.

Application of article:

This article shall apply to premarital agreements executed on and after its effective date. Source: New. L. 1988, c. 99, § 1.37:2-41.

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidlines

Predetermined Disposition of Property

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Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.