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Is a prenup valid if signed under duress?

On Behalf of | Aug 9, 2024 | DIVORCE - Prenuptial Agreements |

Signing a premarital agreement, commonly known as a prenup, can significantly impact the financial aspects of a marriage or civil union. In New Jersey, understanding the legal requirements is crucial to ensure the agreement’s validity and that there are no issues if you choose to divorce later down the road.

Understanding voluntary consent

A key factor in determining the validity of a premarital agreement is voluntary consent. Both parties must sign the agreement without any pressure, coercion, or undue influence. 

If there is evidence that one party forced or pressured the other party into signing, the courts may deem the agreement invalid. 

Full financial disclosure

Full financial disclosure is another essential element in determining the validity of a premarital agreement. Each party must provide a complete and honest account of their financial situation, including assets, liabilities, and income. 

Failing to disclose significant financial information can render the agreement invalid. This requirement ensures that both parties understand the financial implications of the agreement.

Legal representation

Both parties should have independent legal representation when signing a prenup. Having separate attorneys review the agreement helps protect each individual’s interests and ensures that the terms are fair and reasonable. This step also reinforces the agreement’s voluntary nature, as legal counsel can identify any signs of coercion or unfairness.

Ensuring that a premarital agreement is entered into voluntarily is crucial for its enforceability. By adhering to these guidelines, couples can create an agreement that stands up to legal scrutiny and provides peace of mind for their future.

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