Couples who choose to get married in New Jersey have countless gorgeous wedding locations to choose from. Celebrating your new life together will be a memorable event no matter where you choose to say “I do” in the Garden State. But before you uncork the champagne… let’s talk prenuptial agreements! Planning for your financial future can be a bonding experience for you and your partner. You both clearly value one another, and by choosing to get on the same page about your financial futures, you can ensure that you each are prepared for whatever the future may bring. But do I need a lawyer for an enforceable prenup in New Jersey? And what are the requirements for a valid prenup? Continue reading to learn about prenups and find the answers to your questions.
Is a lawyer required for a valid prenuptial agreement in New Jersey?
No. You are not required to hire an attorney for a valid and enforceable prenup in New Jersey. But if you or your partner forgo the right to hire an attorney, each of you should sign a waiver of representation. This waiver proves that you had the opportunity to hire an attorney but voluntarily chose not to do so. If the agreement is contested in the future by a party claiming unfairness because he or she did not have an attorney, this waiver will be proof that they knowingly chose not to hire one (Rogers v. Gordon 2007).
While a prenup can still be valid without representation by an attorney, it is highly advisable to hire one. Having lawyers involved in the prenup drafting process helps show the court that both you and your partner had a legal professional walk you through the legal terms and the financial consequences of the agreement. This speaks volumes about the voluntariness of your signatures and could prevent a court from throwing out your prenup.
Do we both need a lawyer, or can only one person hire one?
As mentioned above, neither of you must hire a lawyer to have a valid prenup in New Jersey. But, by spending the money now to hire independent attorneys, you could spare yourself a fortune in legal fees and expensive judgments in the future if your prenup is successfully contested. If only one of you hires an attorney, there’s nothing preventing the other party from claiming unfairness or that they did not fully understand the terms of the agreement. These claims alone might not be enough to invalidate the agreement, but why leave the enforceability of this all-important document up to chance? By both hiring an attorney, you’re helping ensure that a court will see the signatures on your prenup as voluntary.
Can we share a lawyer?
Nope! Attorneys cannot represent people on opposite sides of an agreement as this would be a blatant conflict of interest. A lawyer would not be able to represent your financial and personal interests while simultaneously helping protect your partner’s future financial security. In a prenup, the two parties are naturally on opposite sides even if they agree on how assets and liabilities should be distributed in the future. It’s also important to note that a court may throw out a prenup where both parties were represented by one lawyer. This would call the fairness and voluntariness of the signatures into question.
Can I write my own prenuptial agreement?
Nothing in New Jersey law will prevent you from drafting your own prenup. But just because you can do something doesn’t mean you should! Prenuptial agreements are legally binding contracts. If you’re inexperienced in drafting this exact type of document, you should outsource the process to an experienced family law attorney or a well-respected online prenup planning platform. Your financial future is too important to risk! And saving some money now by DIY’ing your prenup is quite a risk. Courts review prenuptial agreements very closely scanning the document for signs of unfairness or unenforceability. Even slight failings in drafting could cause your prenup to be invalidated. If this were to happen, your assets would be divided according to state law as if you never even had a prenuptial agreement. So, if you’re still considering drafting your own agreement, give it some more consideration before diving in.
What are the legal requirements for a valid prenup in New Jersey?
Under the Uniform Premarital and Pre-Civil Union Agreement Act, a prenuptial agreement is enforceable if it is:
- In writing
- Signed voluntarily by both parties
- Includes full and fair disclosure of financials including assets, liabilities, and income
- The language is not unconscionable at the time of enforcement
- Each party had the opportunity to consult with independent legal counsel (N.J.S.A. 37:2-31 to 41)
A party can waive in writing their right to financial disclosure and the opportunity to consult legal counsel, but courts scrutinize these waivers to ensure that they were actually signed voluntarily. Section 37:2-38 of the New Jersey Statute goes on to state that the party who wants the prenup thrown out as unenforceable has the burden to prove the following with clear and convincing evidence:
- The party signed the prenup involuntarily, or
- The agreement was unconscionable when signed because before the signing of the agreement, the party:
- Was not provided full and fair disclosure of the other party’s financial situation,
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond what was already provided,
- Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party, and
- Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
The language in these New Jersey statutes is dense and nuanced and reinforces the point emphasized above that you should either hire an attorney or visit HelloPrenup to ensure your agreement is expertly drafted with these laws in mind.
How much does a prenup lawyer cost in New Jersey?
The national average cost for a prenup for both parties, according to a HelloPrenup survey of family law attorneys across the country, is approximately $8,000. Highly regarded online prenup services like HelloPrenup will provide you with a professionally written, personalized prenuptial agreement for a flat fee of $599, plus $699 to add on the services of a New Jersey-licensed prenup lawyer.
The bottom line on prenup lawyer requirements in New Jersey
In New Jersey, you don’t have to hire an attorney to have a valid and enforceable prenuptial agreement. But keep in mind that by hiring separate legal counsels, it can show the court that you and your partner understood the language in the agreement and the potential financial consequences of signing. Should you decide not to hire lawyers, make sure that there’s enough time between presenting your fiancé with the prenup and exchanging wedding vows. Courts want to see that there was at least an opportunity to talk to a legal professional.
You’ve now answered your most pressing questions about prenuptial agreements. Next on your list of things to do—visit a local family law attorney or HelloPrenup to begin crafting your agreement! Once this important document is drafted and signed, you can rest assured that your financial future is secure. Congratulations on your upcoming wedding and marriage!
As a Family Law Attorney, Dave’s goal is to educate his clients about the all aspects of their matter so that any fears, questions or concerns they may have can be addressed.
In addition to providing education, Dave focuses on the reality that each individual’s circumstances are unique, so while there are general commonalities in every case, the ultimate resolutions will depend upon your unique circumstances.
The key, therefore, becomes utilizing all resources available, including additional professionals, to ensure that the client and Dave can have all necessary and relevant information available when making decisions. And with this knowledge, coupled with a person’s needs/wants/goals, the focus can be on crafting unique, efficient and optimized settlements which work for all parties involved.
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