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Millburn New Jersey 07041
Tel (973) 379.9292
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New Jersey Family Law - Premarital & Cohabitation Agreements
A premarital agreement or
antenuptial agreement may be used by a couple to determine,
prior to marriage, what each party’s rights and obligations
will be in the event of divorce.
Premarital Agreements are
governed by the Uniform Premarital Agreement Act, N.J.S.A.
37:2-31 et seq. The agreement must be in writing
and have a statement of assets attached to it. It becomes
effective upon the marriage of the parties.
The parties to a premarital
agreement may enter into agreements about the following:
- The rights and obligations of each
of the parties in any of the property of either or both of them
whenever and wherever acquired or located;
- The right to buy, sell, use,
transfer, exchange, abandon, lease, consume, expend, assign,
create a security interest in, mortgage, encumber, dispose of,
or otherwise manage and control property;
- The disposition of property upon
separation, marital dissolution, death, or the occurrence or
nonoccurrence of any other event;
- The modification or elimination of
spousal support;
- The making of a will, trust, or
other arrangement to carry out the provisions of the agreement;
- The ownership rights in and
disposition of the death benefit from a life insurance policy;
- The choice of law governing
the construction of the agreement; and
- Any other matter, including
their personal rights and obligations, not in violation of
public policy.
But, a premarital
agreement cannot predetermine issues relating to children
including child support, custody or parenting time. As to
enforcement of premarital agreements, there is a
three-pronged test that must be addressed by a court if the
agreement is challenged:
- Was the
agreement entered into voluntarily;
- Did
the parties have the opportunity to have the agreement
reviewed by counsel of his/her own choosing; and
- Was
there full disclosure as all assets, liabilities and income.
If these three items
can be shown, then the burden to set aside the agreement shifts
to the other side (with a higher burden of proof) and the
primary focus will be on whether the agreement is
“unconscionable” at time of enforcement, which shall be
determined by the court as a matter of law.
With more than half a century's
experience, it's easy to see that Diamond &
Diamond is the smart choice when you find yourself in need of
a New Jersey divorce lawyer for premarital and cohabitation
agreements.
Email or call us now at 973.379.9292
Diamond & Diamond
New Jersey Family Law
225 Millburn
Avenue, Suite 208
Millburn, New Jersey 07041
Telephone: 973-379-9292
Facsimile: 973-379-9210
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