The New Jersey Prenuptial Statute is known as the Uniform and Pre-Civil Union Agreement Act also known as (UPAA) OR N.J.S.A. 37:2-31. This status was adopted in 1988 and amended in 2006. At the law firm Bronzino, we have developed both marriage contracts for clients who protect assets and advise clients who give up certain rights to assets in marriage contracts. A marital agreement is also called a pre-marital agreement or commitment agreement. This type of agreement can be used by a couple to determine, before the breakdown of marriage, what rights and obligations of each party will be in the event of a divorce. Pre-married agreements are subject to the Premarital Agreement Act, N.J.S.A. 37:2-31 and beyond. The agreement must be written and accompanied by a list of assets. It takes effect with the marriage of the parties.
The woman sought divorce and attempted to declare the marriage agreement unenforceable due to fraud, coercion and insufficient time. The court granted the husband`s summary application and The subsequent request to Limine to exclude evidence from the marital standard of living in order to ascertain whether the matrimonial agreement was “unacceptable”. The Tribunal therefore found that the marriage agreement was valid and enforceable at the end of the hearing. If you and your spouse reached a premarital agreement before June 27, 2013 and you now have doubts about their opposability or lack of scruples, call our experienced law firm. We give you the instructions you need to determine if you should consider reviewing your pre-marriage in accordance with the revised status of the pre-marriage agreement. In addition to protection against marital assets, a prenuptial agreement in New Jersey may also determine the final disposition of financial matters, such as: The burden of proof of the annulment of a marital agreement rests with the party who claims that it is not applicable. N.J.S.A. 37:2-38 provides that a marriage agreement is annulled if it is proven by clear and convincing evidence that: Pre-marital agreements are made by future husbands and wives before they marry. If a pre-marriage agreement is properly developed, they can save the parties considerable emotional and financial costs in the event of a divorce. Under New Jersey law, the marriage agreement cannot contain provisions that infringe a child`s rights, such as assistance or custody. A valid marriage agreement requires complete financial information.
If there is evidence that a party concealed pre-wedding property or lied about the value of its pre-wedding property, a judge may decide to invalidate the agreement. Had the LDC at issue been executed after 27 June 2013, the decision might have been different, since the finding of the lack of scruples from that date would be limited to the circumstances that existed at the time the agreement was signed. When searching for the answer to a question of law, it is important to read the actual language of status. However, it is also advantageous to read a summary of the status in plain English.