Free New Jersey Prenuptial Agreement Template

A New Jersey prenuptial agreement is a written contract made before marriage or a civil union. New Jersey’s version of the uniform act, N.J.S.A. 37:2-31 and following, sets specific formalities and a high bar for challenges.

Several sections of the Act shape how you prepare and sign.

Attach a Statement of Assets

Under N.J.S.A. 37:2-33, the agreement must be in writing, signed by both parties, and have a statement of assets annexed. It binds the parties without consideration.

Changes After the Wedding

Section 37:2-37 allows amendment or revocation after marriage or a civil union only by a written agreement both parties sign.

A Heavy Burden for Challengers

Under § 37:2-38, the partner who says the agreement is unenforceable carries the burden of proof. Moreover, that partner must prove the grounds by clear and convincing evidence.

A 2013 amendment (P.L. 2013, c. 72) also deleted a former ground from this section. Older guides may still describe it.

Section 37:2-38 recognizes two routes. One is proof that the partner signed involuntarily.

Alternatively, a partner can prove the agreement was unconscionable when signed. That requires showing that, before signing, one of these circumstances applied, which the statute lists with “or”:

• Missing full and fair disclosure of the other’s earnings, property, and financial obligations
• Lack of a voluntary, express written waiver of further disclosure
• Inadequate knowledge of the other’s property or obligations
• Neither independent counsel nor a written waiver of the chance to consult

The statute leaves unconscionability to the court as a matter of law. In addition, it says an agreement isn’t unconscionable unless one of those listed circumstances applies.

Notably, the counsel item stands out. A New Jersey prenuptial agreement should show that each partner either consulted a lawyer or waived that opportunity in writing.

1. First, prepare the statement of assets. Cover both partners’ assets and attach it to the agreement.
2. Disclose earnings and obligations too. The statute looks beyond assets alone.
3. Arrange independent counsel. Or have a partner sign a written waiver of that opportunity.
4. Put any disclosure waiver in writing. Make it voluntary and express.
5. Sign the final agreement. Both parties sign the version with the attachment.

A New Jersey prenuptial agreement typically contains:

• An annexed statement of assets covering both partners
• Earnings and financial obligations for each partner
• Property and support terms
• Confirmation that each partner consulted counsel, or signed waivers
• Any written waiver of further disclosure
• Both parties’ signatures