New Jersey-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in New Jersey are governed by the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 and following. New Jersey adopted this UPAA-based framework in 1988 and amended it significantly in 2013, in a way that made prenuptial agreements meaningfully more enforceable.
New Jersey is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split and depends on the court’s assessment of the circumstances. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
To be valid, a New Jersey agreement must be in writing, signed by both parties, and have a statement of assets annexed to it. That attached statement of assets is a specific New Jersey requirement and is how the law builds financial disclosure directly into the document. The agreement is enforceable without consideration and becomes effective on marriage.
The most important thing to understand about New Jersey is the 2013 change to how agreements are challenged. Before 2013, a New Jersey court could refuse to enforce an agreement that had become unconscionable by the time of divorce. The 2013 amendment removed that. Now, under N.J.S.A. 37:2-38, the question is whether the agreement was unconscionable when it was executed, not at the time of enforcement. Changed circumstances during the marriage are generally no longer a basis to set the agreement aside. This moved New Jersey firmly toward enforcing agreements as written.
Under the current statute, the party challenging an agreement must prove, by clear and convincing evidence, one of the following:
Clear and convincing evidence is a high standard, and the burden sits entirely on the person trying to undo the agreement. The court decides unconscionability as a matter of law, and an agreement is not deemed unconscionable unless the specific disclosure or counsel circumstances above apply.
A 2013 change made New Jersey one of the more pro-enforcement states. Courts now judge an agreement’s fairness as of the day it was signed, not at divorce, so changed circumstances generally will not undo a valid agreement, and a challenger has to meet a clear and convincing evidence standard. Two New Jersey specifics make the difference: a statement of assets must be attached to the agreement, and each party should either have their own lawyer or sign a written waiver of the chance to consult one. We build both into every New Jersey agreement.
$150, credited toward your agreement.
Custom to New Jersey law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. We attach the required statement of assets, confirm each party has counsel or a written waiver of the opportunity to consult counsel, and build in enough time before the wedding so signing is clearly voluntary.
Flat fee. Clear scope. No surprises.
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We work with couples across New Jersey, from Newark, Jersey City, and Paterson to Elizabeth, Edison, Trenton, Hoboken, and Toms River. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a New Jersey-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows New Jersey’s Uniform Premarital and Pre-Civil Union Agreement Act, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in New Jersey, also called a premarital agreement, is a written contract signed before marriage that sets out how a couple’s property, debts, and spousal support will be handled if the marriage ends in divorce or death. These agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 et seq., and take effect when the couple marries.
Yes, and a 2013 change made them more enforceable than before. New Jersey now judges an agreement’s fairness as of the date it was signed, not at divorce, and the challenger must prove unenforceability by clear and convincing evidence. Changed circumstances during the marriage generally are no longer a basis to set aside a valid agreement.
A valid New Jersey prenup must be in writing, signed by both parties, and have a statement of assets annexed to it. Each party should have full and fair financial disclosure and either consult independent counsel or sign a written waiver of the opportunity to do so. Notarization is strongly recommended.
At Prenups.com, a New Jersey prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most New Jersey prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, since signing under pressure can support a claim that the agreement was not voluntary.
Yes. A prenuptial agreement must be signed before marriage and becomes effective on the date of marriage. If you are already married, a postnuptial agreement is available, though it is scrutinized more closely. New Jersey does not set a fixed statutory waiting period, but signing well in advance supports the conclusion that the agreement was entered into voluntarily.
Yes, but it is difficult under the current law. A challenger must prove, by clear and convincing evidence, that they signed involuntarily, or that the agreement was unconscionable when it was executed because of inadequate disclosure, no written waiver of disclosure, lack of adequate knowledge of the other’s finances, or no independent counsel and no written waiver of the opportunity to consult counsel. Fairness is judged as of the signing date.
A New Jersey prenup can address each party’s rights in property whenever acquired, the management and control of property, the disposition of property on divorce or death, the modification or elimination of spousal support within legal limits, the making of wills or trusts, and the protection of a business or professional practice.
A New Jersey prenup cannot adversely affect a child’s right to support, which the court decides based on the child’s best interests. It also cannot be enforced if it was signed involuntarily or was unconscionable when executed under the statute’s narrow definition, and it cannot include terms that violate public policy or law.
Not strictly, but New Jersey treats counsel as significant. Under the statute, a party who did not consult independent counsel can challenge the agreement unless they voluntarily and expressly waived, in writing, the opportunity to consult counsel before signing. The cleanest approach is for each party to have their own attorney, and we strongly recommend it.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in New Jersey. It can confirm that a business is separate property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. This is especially important for founders, partners, and professional practice owners.
Yes. New Jersey recognizes postnuptial (mid-marriage) agreements, although they are governed by case law rather than the premarital statute and are scrutinized more closely, because the parties are already married. A postnup should be in writing, fully disclosed, and fair. At Prenups.com, a New Jersey postnuptial agreement is a flat fee of $4,500.
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