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What happens if a prenup is lost?

On Behalf of | Jan 29, 2025 | DIVORCE - Prenuptial Agreements |

Misplacing a prenuptial agreement in New Jersey can lead to significant complications, especially during divorce proceedings. However, losing the original document doesn’t automatically nullify its terms. New Jersey law mandates that prenuptial agreements be in writing and signed by both parties to be enforceable.

Contact the drafting attorney

Begin by reaching out to the attorney who prepared the agreement. Legal professionals typically retain copies of such documents for their records. If the original attorney is unavailable or no longer in practice, consider contacting any other legal representatives involved in the process.

Check personal records

Search through personal files, safety deposit boxes, or any secure storage locations where a copy might have been placed. It’s common for individuals to store important documents in multiple locations.

Consult the other party

Your spouse or their attorney may have retained a copy of the prenuptial agreement. Collaborating can expedite the retrieval process and ensure both parties have access to the document.

Legal Implications of a Lost Prenup

If all efforts to locate the prenuptial agreement fail, enforcing its terms becomes challenging. Courts require clear evidence of the agreement’s existence and its specific provisions to uphold it. Without the document, proving its contents and the intent of both parties is difficult. In such scenarios, the court may proceed as if no prenuptial agreement existed, defaulting to New Jersey’s standard laws governing asset division and spousal support.

Preventative Measures

To avoid complications arising from a lost prenuptial agreement:

  • Multiple Copies: Ensure that both parties have copies of the signed agreement.
  • Secure Storage: Store copies in secure locations, such as safety deposit boxes or with trusted family members.
  • Digital Backups: Consider scanning the document and storing it in a secure digital format.

By taking these precautions, you can safeguard the enforceability of your premarital agreement and prevent potential disputes in the future.

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