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New Jersey Prenuptial Agreement Template

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New Jersey Prenuptial Agreement Template

Updated May 17, 2023

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A New Jersey prenuptial agreement is drafted by a couple before marriage to plan for a possible divorce, death of a spouse, or legal separation. When preparing the agreement, each party will identify their premarital property and provide instructions on how their assets shall be divided if the marriage were to end. The couple may also establish conditions that alter alimony and the personal rights of a parent so long as the terms are not in violation of public policy or impose a negative impact on one’s ability to support a child. The agreement will be effective when the couple marries or forms a civil union.

Signing Requirements (§ 37:2-33) – Both parties must sign the written agreement; a notary acknowledgment isn’t legally required but still recommended.

Laws

  • § 37:2-31 – Short Title
  • § 37:2-32 – Definitions
  • § 37:2-33 – Formalties; consideration
  • § 37:2-34 – Contents of premarital or pre-civil union agreement
  • § 37:2-35 – Premarital or pre-civil union agreement not to adversely affect right of child support
  • § 37:2-36 – When premarital or pre-civil union agreement becomes effective
  • § 37:2-37 – Amendment or revocation of premarital or pre-civil union agreement
  • § 37:2-38 – Enforcement of premarital or pre-civil union agreement; generally
  • § 37:2-39 – Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void
  • § 37:2-40 – Construction of article
  • § 37:2-41 – Application of article

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