There are many reasons individuals choose to get prenuptial agreements. Regardless of the reasons, the State of New Jersey’s policy consensual agreements between parties’. In fact, the State of New Jersey under N.J.S.A. 37:2-38, requires proof by clear and convincing evidence that a party executes a prenup involuntarily. N.J.S.A. 37:2-38(c) also provides that an agreement is unconscionable if, before the execution, the party:
(1) Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;
(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
(4) Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
If you are trying to obtain a prenuptial agreement or contest a prenuptial agreement, please feel free to contact A.Brown Esq. LLC for a free consultation.
Written by Adam C. Brown, Esq.