By Aaron Thomas, Esq. · Updated November 10, 2026
New Jersey prenup requirements are short but strict: 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 to it. No witnesses or consideration are required, and New Jersey adds a second paperwork rule about legal counsel.
At Prenups.com, a prenup is a flat $3,500, or $5,000 to include negotiations with your partner’s attorney.
Key Takeaways
- A New Jersey premarital agreement must be in writing, signed by both parties, and have a statement of assets annexed. It is enforceable without consideration, and no witnesses are required.
- An unrepresented party needs a written waiver of the opportunity to consult independent counsel. A missing waiver is one of the circumstances the statute lists as making an agreement unconscionable.
- A challenger must prove, by clear and convincing evidence, that the agreement was signed involuntarily or was unconscionable at signing under the circumstances listed in N.J.S.A. 37:2-38(c).
- For agreements signed on or after June 27, 2013, New Jersey judges fairness at the time of signing only, not at divorce.
- At Prenups.com, a prenup is a flat $3,500, or $5,000 to include negotiations with your partner’s attorney.
New Jersey Prenup Requirements in the Statute
New Jersey follows its own version of the uniform act, the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 and following. Section 37:2-33 sets the formal requirements. A premarital agreement must be in writing, it must have a statement of assets annexed to it, and it must be signed by both parties. It is enforceable without consideration.
The word that trips people up is “annexed.” Most states treat financial disclosure as something that happens around the agreement: spreadsheets traded by email, a meeting with an accountant, a conversation at the kitchen table. New Jersey writes the disclosure into the formal requirements. The statement of assets is attached to the agreement itself, so the document that gets signed carries the disclosure with it.
New Jersey does not require witnesses. Notarization is not listed among the statute’s requirements either, though it remains a sound practice for any agreement meant to last decades.
The Counsel Waiver
New Jersey adds a second formality that most states leave to case law. Neither partner is required to hire a lawyer. But under N.J.S.A. 37:2-38(c), one of the circumstances that can make an agreement unconscionable is that a party did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to do so.
In practice, that means one of two things has to be true for each partner. Either they consulted their own attorney, or they signed a written waiver of that opportunity. A template that assumes both partners will skip counsel, without a waiver page, is missing a piece New Jersey specifically asks for.
How a New Jersey Court Reviews a Challenged Prenup
The enforcement rule sits in N.J.S.A. 37:2-38, as amended in 2013. A premarital agreement is unenforceable only if the challenging party proves, by clear and convincing evidence, either that they signed it involuntarily, or that it was unconscionable at the time it was signed.
The statute then limits what unconscionable can mean. An agreement is unconscionable only if, before signing, the challenging party was not provided full and fair disclosure of the earnings, property, and financial obligations of the other party; did not voluntarily and expressly waive, in writing, any right to disclosure beyond what was provided; did not have, or reasonably could not have had, adequate knowledge of the other party’s property and financial obligations; or did not consult with independent counsel and did not voluntarily and expressly waive, in writing, the opportunity to do so. The court decides unconscionability as a matter of law.
The way to make that list irrelevant is to satisfy every item on it. A complete statement of assets, annexed. Time to review it. Independent counsel for each partner, or a signed counsel waiver for anyone who declines. Nothing in that process is complicated, and every piece of it shows up on paper.
“New Jersey writes disclosure into the agreement itself, so the statement of assets is not a side document; if it is not annexed when both partners sign, the agreement is missing a requirement the statute names,” says Aaron Thomas, Esq., founder of Prenups.com.
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Why the 2013 Amendment Matters
Before 2013, a New Jersey court could ask whether an agreement had become unconscionable by the time of the divorce. The 2013 amendment removed that second look. For agreements signed on or after June 27, 2013, fairness is judged at the moment of signing. Older agreements keep the prior test unless the couple revises them.
That change makes the signing record more important, not less. If fairness is measured on the day the agreement is signed, the statement of assets, the counsel review or waiver, and the time each partner had to decide are the evidence that answers a challenge years later. That is also why prenups hold up in court when they are built carefully: the failures trace back to a missing step, not to the idea of a prenup.
Signed After the Wedding? Different Rules Apply
Everything above applies to agreements signed before the marriage. An agreement signed afterward is a different instrument in New Jersey. In Steele v. Steele (2021), the Appellate Division held that an agreement signed eight months after the wedding was not a premarital agreement under the Act. As a mid-marriage agreement, it received heightened scrutiny for fairness, disclosure, and the circumstances of signing, with no presumption that it was enforceable. Earlier, in Pacelli v. Pacelli (1999), the same court refused to enforce a mid-marriage agreement procured under a threat of divorce, finding it inherently coercive and not fair and equitable.
The practical lesson for engaged couples is timing. Finishing the agreement, with the statement of assets annexed, before the wedding keeps it under the statute’s clearer rules.
What This Means for New Jersey Couples
In 2024, New Jersey recorded roughly 48,000 marriages, according to CDC/NCHS data. That is a single year’s count of new marriages. Many of those couples marry later than earlier generations did; U.S. Census Bureau data show the median age at first marriage has climbed for decades, which means more couples arrive with retirement accounts, real estate, and businesses already in their names. Those are the assets a statement of assets should list.
For a breakdown of what a New Jersey prenup costs and how flat-fee pricing compares with hourly billing, see the cost post. Every tier is listed on the current pricing page.
Want a New Jersey prenup on a flat fee? Every New Jersey agreement is prepared by our attorneys, including a New Jersey-licensed attorney as counsel of record, from the first draft through signing. Schedule a consultation.
Frequently Asked Questions
What makes a prenup valid in New Jersey?
It must be in writing, signed by both parties, and have a statement of assets annexed, under N.J.S.A. 37:2-33. No consideration or witnesses are required. At Prenups.com, a prenup is a flat $3,500, or $5,000 to include negotiations with your partner’s attorney.
What is a statement of assets in a New Jersey prenup?
It is the written disclosure of each partner’s assets that the statute requires to be attached to the agreement. Attaching it makes the disclosure part of the signed document rather than a separate exchange.
Does a New Jersey prenup need witnesses or a notary?
New Jersey does not require witnesses, and notarization is not among the statute’s listed requirements. Notarizing the signatures is still a sound practice.
Does each partner need a lawyer for a New Jersey prenup?
No, but a partner who does not consult independent counsel should sign a written waiver of that opportunity. At Prenups.com, a prenup is a flat $3,500, or $5,000 to include negotiations with your partner’s attorney.
Can a New Jersey prenup be thrown out for being unfair at divorce?
For agreements signed on or after June 27, 2013, fairness is judged at signing, not at divorce. A challenger must prove involuntary signing or unconscionability at signing by clear and convincing evidence.
How much does a prenup cost in New Jersey?
In 2026, a prenup typically costs between $600 and $10,000 or more per couple, depending on how the agreement is created. At Prenups.com, a prenup is a flat $3,500, or $5,000 to include negotiations with your partner’s attorney.
Sources
- N.J.S.A. 37:2-31 et seq., including §§ 37:2-33 (formalities; statement of assets) and 37:2-38 (enforcement), as amended by P.L.2013, c.72
- Pacelli v. Pacelli, 319 N.J. Super. 185 (App. Div. 1999)
- Steele v. Steele, 467 N.J. Super. 414 (App. Div. 2021)
- CDC/NCHS, “Stats of the States: New Jersey” (2024 marriage rate per 1,000 residents): https://www.cdc.gov/nchs/state-stats/states/nj.html
- U.S. Census Bureau, Figure MS-2, “Median Age at First Marriage: 1890 to Present”: https://www.census.gov/content/dam/Census/library/visualizations/time-series/demo/families-and-households/ms-2.pdf
