Enforceability of Prenuptial Agreements
Depending on when your prenuptial agreement was signed there can be different ways the agreement is enforced. If yours was signed before the current adoption of the Uniform Premarital Agreement Act, it can be reviewed and challenged in court.
Prenuptial agreements in New Jersey, under the current law, are enforceable as long as:
- There has been full disclosure
- The agreement is not “unconscionable,” meaning excessively unfair
The Court starts out assuming that a prenuptial agreement is enforceable. As a result, any person asking that the Court refuse to honor the agreement has the burden to establish, by clear and convincing evidence, that it is not.
To do so, you must show that:
- The party executed the agreement involuntarily; or
- The agreement was unconscionable when it was executed
There are a few other important matters to consider regarding prenuptial agreements. A valid prenuptial agreement must meet certain other criteria.
- Must be in writing
- Cannot adversely affect the independent right of a child to child support
- Becomes effective upon marriage
- Once effective, can only be changed or terminated by another signed writing.
- The agreement remains enforceable if the marriage is void, but only to the extent necessary to prevent an unjust result
- Must be considered by the court when dividing assets between divorcing spouses
Finally, the language of the agreement itself is perhaps the most important consideration. We strongly recommend that anyone considering entering into a prenuptial agreement schedule a consultation with our knowledgeable prenup lawyers in Somerset County. Distinctions in language that may seem subtle now can lead to serious issues down the road. Our attorneys at DeTommaso Law Group have the experience to protect your assets in a divorce.
"She was professional yet kind during a time that was difficult for me."Katrina always responded quickly and always had my best interest at hand. She was professional yet kind during a time that was difficult for me. I would highly recommend Katrina and the DeTommaso Law Group.- Stephanie
"An Expert Who Is Professional, Personable and Responsive"John Hays is an excellent lawyer and importantly also an excellent person. If you want a lawyer who can provide you with confidence and comfort during what can be trying times...look no further than John Hays.- Matt
"I couldn't have picked a better partner for the process"The DeTommaso Law Group recently helped to bring my divorce to a close, and I couldn't have picked a better partner for the process. For such a stressful and emotional event, I can't recommend DeTommaso Law Group enough as your partner in the process.- Ryan
"Their honesty, patience, and communication style were something we both needed to ensure the best outcome given the circumstances."Joseph Freda & Nicole Tigeleiro of DeTommaso Law Group, LLC were the absolute best to work with. They helped my husband and me to navigate through a cohabitation case and were a pleasure to work with from Day 1. Their honesty, patience, and communication style were something we both needed to ensure the best outcome given the circumstances. We highly recommend their services.- Louise
"Professional and Highly Recommended!"I started working with Joe Freda when I needed an attorney for custody and parenting time. Joe is so easy to talk to and has always explained everything clearly. He has always thought about what will be in my child's best interest. Joe continues to be easily accessible by phone or email when I need a question answered. I even followed Joe when he switched firms.! If anyone is looking for a knowledgeable family lawyer, then go with Joe.- Christine C.
"Throughout the process, this team chipped away and kept me informed, communicating clearly and regularly with me while listening to me with empathy and patience."To have had such pros in my court was truly a gift. Without my attorneys, I don’t think I could have won my case. I give them credit for getting a resolution and helping me move on so I can rebuild my life.- Dean
"Greg Passler provides top representation regarding child’s best interest"After frustrating lack of results from another law firm, I was recommended to Mr. Passler and have since been able to sleep at night knowing he is intimately vested in our cause for our daughter. My case was not a divorce but about a parenting schedule, adversarial violations and safety and well-being issues for our special needs child. This law firm will stand up for your rights in a strategic and comprehensive manner. Mr. Passler is highly intelligent and experienced, and professional and courteous. You can be confident you will get impactful representation.- Vera
"Very knowledgeable, supportive, and accommodating throughout our time working together. Michael was always efficient and responsive."Very knowledgeable, supportive, and accommodating throughout our time working together. Michael was always efficient and responsive.- Jessica
At DeTommaso Law Group, LLC, we believe that every client deserves unwavering support and a fearless advocate in their corner. We understand the emotional and legal challenges that families face during times of crisis, and we are committed to providing them with the strong, determined representation they deserve.
Our team of experienced family law attorneys possesses extensive knowledge in the field. We stay up-to-date with the latest legal developments to ensure that we provide the most effective strategies and guidance to our clients. Our deep understanding of family law empowers us to navigate complex legal processes and provide insightful advice.
We recognize that no two family law cases are the same. We tailor our approach to each client's specific needs and goals. By understanding their unique circumstances, we can develop personalized strategies that protect their interests and safeguard their rights.
We refuse to back down when it comes to fighting for our client's rights. We are not afraid to take on challenging cases or confront difficult opponents. Our unwavering commitment to our clients drives us to explore every legal avenue and utilize our expertise to secure the best possible outcomes.