New Jersey Marriage Laws

37:2-38 - Enforcement of premarital or pre-civil union agreement; generally


Related Pages

APPLY FOR ORDINATION

New Jersey Permanent Statutes ? Title 37: Marriages and Married Persons

Enforcement of premarital or pre-civil union agreement; generally


The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that: a.The party executed the agreement involuntarily; or b.The agreement was unconscionable at the time enforcement was sought; or c.That party, before execution of the agreement: (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. d.The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law.

◀︎ Back to New Jersey Marriage Laws ︎︎︎︎︎◀︎ Back to Marriage Laws Home



L.1988, c.99; amended 2006, s.103, s.33.


Law Reference:
37:2-38


Law Tag:



Will You
Marry Us?

The wedding gift package revolutionizing how you choose your officiant!

Learn More

Signature
Wedding Officiant Package

Everything you need to Officiate Weddings like pro!

Learn More

Minister Ordination
Package

Our most popular package contains everything you need to officiate your first wedding.

Order Now

Ocean
Conservancy

AMM supports Ocean Conservancy. Check them out!

Donate Now
APPLY FOR ORDINATION