A prenuptial agreement is valuable for protecting your financial interests and clarifying property rights. However, New Jersey law sets limits on what can go into a prenuptial agreement.
Including certain terms can make the agreement unenforceable. Understanding these limits helps create a valid and fair contract.
Child custody and child support
Prenuptial agreements cannot decide child custody or child support. Courts in New Jersey prioritize the best interests of the child. Any attempt to predetermine custody arrangements or limit child support in a prenuptial agreement will not hold up in court. Judges evaluate each parent’s situation and the child’s needs at the time of separation.
Illegal or unfair provisions
A prenuptial agreement cannot include illegal terms. Provisions that violate public policy or promote illegal activity will be invalid. Additionally, New Jersey law does not allow unconscionable provisions that are extremely unfair. If the agreement leaves one spouse without financial support or burdens them unfairly, the court may reject those terms.
Personal matters and lifestyle clauses
Prenuptial agreements should not address personal or non-financial issues. For example, provisions about household responsibilities, child-rearing methods or personal appearance have no legal standing. These lifestyle clauses are difficult to enforce and often fall outside the scope of a valid legal contract.
Waiving rights to alimony in unfair ways
While New Jersey law allows spouses to waive alimony in a prenuptial agreement, the waiver must be reasonable. If the waiver leaves one spouse without financial support or creates an extreme hardship, the court may set it aside.
False or incomplete information
Both parties must provide full and honest financial disclosure. Hiding assets or failing to disclose all financial information can lead to an invalid agreement. New Jersey courts take financial transparency seriously when reviewing prenuptial agreements.
Prenuptial agreements can offer security in the event of divorce, but including improper terms may weaken their validity. Understanding these limits under New Jersey law helps create a fair and enforceable agreement that protects both parties.