Prenuptial agreements are legal contracts that couples sign before getting married. These agreements typically spell out how the couple will divide their assets if they divorce or if one spouse dies. While prenups can cover many financial aspects of a marriage, New Jersey law places certain restrictions on what either party can include in them. Not only do they serve to protect both parties, but they also ensure that these contracts uphold public policy.
Terms violating public policy
Prenuptial agreements can’t include terms that violate basic rights or terms that go against state laws. This may include provisions that attempt to control everyday aspects of married life or leave one spouse with no rights to marital property.
This also includes prenuptial agreement provisions about child custody or support, especially if they might negatively affect the child’s right to support. Courts place the child’s best interests first during divorce or separation. As a result, any predetermined arrangements about children in a prenup will not be binding.
Terms considered unconscionable
“Unconscionable” means that the agreement is so unfair or unjust that it shocks the conscience of the court. Courts may consider a prenuptial agreement unconscionable at the time the couple signed the agreement if one party:
- Did not receive a complete and honest disclosure of their partner’s income, assets and debts
- Did not willingly give up, in writing, their right to know more about their partner’s finances
- Lacked sufficient knowledge about their partner’s financial situation or could not reasonably have obtained this information
- Did not seek advice from their own lawyer and did not willingly give up, in writing, the chance to do so
These rules protect individuals from entering into unfair agreements due to a lack of information or legal guidance.
Make sure your agreement stands up in court
A well-drafted prenuptial agreement can provide security and clarity for both parties. To ensure your prenup meets all legal standards, reach out to an attorney.