Are prenuptial agreements enforceable in New Jersey?

New Jersey is a UPAA state with significant 2013 amendments that strengthened enforcement.

1. Governing Statute

New Jersey Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 to 37:2-41, adopted 1988. N.J.S.A. 37:2-38 sets enforcement standards; amended in 2013 by P.L. 2013, c. 72.

2. Formality Requirements

Per N.J.S.A. 37:2-33, the agreement must be in writing and signed by both parties, and accompanied by a statement of assets. Marriage is the consideration. The agreement is effective upon marriage (N.J.S.A. 37:2-37).

3. Voluntariness

Under N.J.S.A. 37:2-38(a), the challenger must prove involuntary execution. The party must have had opportunity to consult independent counsel or expressly waived counsel in a separate writing. Each party must receive a written summary of rights being waived.

4. Disclosure

N.J.S.A. 37:2-38(c) requires the challenger to prove the agreement was unconscionable when executed AND, before execution, (i) not provided full and fair disclosure, (ii) did not voluntarily and expressly waive disclosure in writing, AND (iii) did not have or reasonably could not have had adequate knowledge.

5. Unconscionability

The 2013 amendments eliminated the prior "unconscionable at enforcement" test (which DeLorean v. DeLorean, 211 N.J. Super. 432 (1986), had relied on). Unconscionability is now reviewed solely as of the date of execution (N.J.S.A. 37:2-38(c)(1)).

6. What Cannot Be Waived

Child support and custody cannot be predetermined (N.J.S.A. 37:2-35). Spousal support / alimony waivers are enforceable if executed with required formalities and not unconscionable at execution.

7. Key New Jersey Case Law

DeLorean v. DeLorean (1986) (pre-amendment); Marschall v. Marschall, 195 N.J. Super. 16 (1984); post-2013 trial-court decisions have applied the execution-time-only test to confirm property waivers.

This is legal information, not legal advice.