Free New Jersey Postnuptial Agreement Template

A New Jersey postnuptial agreement is a written contract spouses sign during the marriage about property and rights at divorce or death. New Jersey’s statutes refer to written agreements made during the marriage in both of those contexts.

Courts Consider Written Agreements Made During Marriage

In making an equitable distribution of property, a court considers listed factors. One is any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution (N.J.S.A. 2A:34-23.1(e)).

Estate Rights Can Be Waived

A surviving spouse or domestic partner can waive the right of election, wholly or partially, before or after marriage. The waiver must be a written contract, agreement, or waiver signed by the waiving party after fair disclosure (N.J.S.A. 3B:8-10). Because it can be partial, a spouse or partner can give up some rights and keep others.

Domestic Partners Are Covered

Notably, the waiver statute applies to domestic partners as well as spouses. Its default rule for broad wording also covers a property settlement signed in anticipation of ending a domestic partnership (N.J.S.A. 3B:8-10).

Yes, as a listed factor. The equitable distribution statute directs courts to consider any written agreement made before or during the marriage about property distribution (§ 2A:34-23.1(e)).

That means a New Jersey postnuptial agreement is one input alongside others. The statute also lists the marriage’s duration, each party’s age and health, the income or property each brought to the marriage, the standard of living, and each party’s economic circumstances. So make its property terms specific enough to be useful, and explain any uneven split.

Plan both halves of the agreement, property and estate, before anyone signs. Prepare a New Jersey postnuptial agreement with these steps:

1. Disclose fairly. Give each other a full picture of what you own, owe, and earn.
2. Set property terms. Describe how you’d like property distributed.
3. Decide on estate rights. Address the elective share for each spouse or partner.
4. Watch broad wording. Unless it says otherwise, an all-rights waiver or complete property settlement waives the elective share and renounces benefits under earlier wills.
5. Execute the waiver. The party giving up rights signs the written agreement.
6. Review wills and beneficiary forms afterward.

Spell out these parts:

• Property distribution plan — how you’ll divide assets and debts
• Disclosure schedules — each person’s finances
• Elective share terms — kept or waived, for each party
• Relationship status — spouses or domestic partners
• Signature lines — both parties, dated