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New Jersey Revocation of Premarital or Prenuptial Agreement

State:
New Jersey
Control #:
NJ-00590-E
Format:
Word; 
Rich Text
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About this form

The Revocation of Premarital or Prenuptial Agreement is a legal document that allows a husband and wife to officially revoke an existing premarital agreement. This form cancels all terms and conditions outlined in the initial agreement, making it a crucial step for couples who wish to alter their legal relationship status. It differs from a prenuptial agreement, which establishes terms before marriage, by invalidating those terms altogether. This revocation ensures that both parties are no longer bound by the previous agreement and helps clarify their rights and obligations moving forward.


Key parts of this document

  • Parties involved: Names of the husband and wife who are revoking the agreement.
  • Date: The specific date when the revocation is executed.
  • Revocation statement: A declaration that the original premarital agreement is revoked and canceled.
  • Governing law: Clarifies that the laws of the State of New Jersey will apply.
  • Binding effect: Specifies that the revocation is binding on executors, administrators, and successors.
  • Modification clause: States that any amendments must be in writing and signed by both parties.
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Common use cases

You should use the Revocation of Premarital or Prenuptial Agreement when you and your spouse decide to invalidate a previously signed agreement. This may occur if your circumstances have changed significantly, such as after a major life event (like childbirth or a new job), or if both parties mutually agree that the terms of the original agreement are no longer suitable. It is also applicable if you seek to enhance your legal relationship through new agreements or simply wish to move forward without the constraints of the prior agreement.

Who this form is for

  • Couples who have previously entered into a premarital or prenuptial agreement and wish to revoke it.
  • Married couples looking to clear existing legal obligations under their prior agreement.
  • Individuals seeking to ensure that all parties are aware of the cancellation of their previous terms.

Instructions for completing this form

  • Identify the parties: Enter the full names of both the husband and wife.
  • Specify the date: Write the date on which the revocation is being executed.
  • Complete the revocation statement: Clearly state that the original agreement is revoked.
  • Review the governing law clause: Confirm that you understand the implications of New Jersey law.
  • Sign the document: Both parties must sign the agreement to make it legally binding.

Is notarization required?

This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.

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Mistakes to watch out for

  • Failing to date the document before signing, rendering it unclear.
  • Not having both parties sign, which could invalidate the revocation.
  • Leaving out the governing law statement, which may lead to jurisdictional issues.
  • Overlooking the need for written amendments if the revocation is to be modified in the future.

Advantages of online completion

  • Convenient access: Downloadable at any time to fit your schedule.
  • Editable templates: Customize the form with your specific information easily.
  • Efficiency: Save time by handling paperwork online without the need for in-person appointments.
  • Expertly drafted: Forms created by licensed attorneys ensure legal compliance and clarity.

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FAQ

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.

It is well-established in New Jersey that prenuptial agreements are generally valid and enforceable. The likelihood of a court enforcing such agreements, however, is increased when parties have developed comprehensive and particularized agreements responsive to their peculiar circumstances. D'Onofrio v.

In fact, preparing a Prenup prior to marriage is an effective way to protect your various assets and financial interests. In the event of a divorce, a New Jersey Prenuptial Agreement generally protects your premarital assets and can ensure that your property is deemed exempt from equitable distribution.

These documents need to be revised, refreshed, updated and reaffirmed through a post-nuptial agreement on a regular basis. This is advised every five years, but at the very least, couples should re-affirm their agreements every 10 years. Failing to do so could cause a prenup to appear stale and outdated to the court.

How much does a prenup cost? Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.

How long does your prenuptial agreement last? Since it's not mandatory to include a specified term, the answer remains open. For most couples, the prenuptial agreement remains valid throughout the marriage. All things considered, the courts enforce properly drafted prenups even if they make one party unhappy.

A prenup can also be overturned if one or both parties change their mind after initially signing the agreement. They may decide at that time to sign a new agreement suspending the prenup.

2. Prenups make you think less of your spouse. And at their root, prenups show a lack of commitment to the marriage and a lack of faith in the partnership.Ironically, the marriage becomes more concerned with money after a prenup than it would have been without the prenup.

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New Jersey Revocation of Premarital or Prenuptial Agreement