New Jersey Marriage Laws | § 37:2-38

New Jersey Statutes 37:2-38

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. (Deleted by amendment, P.L.2013, c.72) c. The agreement was unconscionable when it was executed because 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. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.

amended 2006, c.103, s.33; 2013, c.72, s.2.

Back to New Jersey Marriage Laws

More New Jersey Marriage Laws

§ 37:1-13 Authorization to solemnize marriages and civil unions.
§ 37:1-2 Entry into marriage, civil union by proxy under certain conditions.
§ 37:1-7 Issuing of license; remarriage or reaffirming a civil union.
§ 37:1-10 Common law and other marriages without license; validity
§ 37:1-12.2 Trust fund to aid victims of domestic violence.
§ 37:1-17 Marriage or civil union license; information provided.
§ 37:1-28 Findings, declarations concerning civil unions.
§ 37:1-31 Legal benefits, protections, responsibilities of civil union couples equal to those of married couples.
§ 37:2-30 Minor spouses; authority to join adult spouse in transfer of realty
§ 37:2-34 Contents of premarital or pre-civil union agreement.
§ 37:2-32 Definitions
§ 37:1-3 Where marriage or civil union license to be obtained.
§ 37:1-4 Issuance of marriage or civil union license, emergencies, validity.
§ 37:1-6 Prohibition of issuance of marriage, civil union license to minor.
§ 37:1-8 Testimony under oath by applicants as to legality of proposed marriage or civil union; witnesses; perjury.
§ 37:1-9 When issuance of license prohibited.
§ 37:1-11 Illegal issuance of license a disorderly persons offense.
§ 37:1-12 Fees; disposition in cities of first class.
§ 37:1-12.1 Additional fee.
§ 37:1-12.3 Rules and regulations
§ 37:1-13.1 Marriages solemnized by municipal magistrate or magistrate of municipal court; validation
§ 37:1-13.2 Marriages solemnized by judge of court of record; validation
§ 37:1-14 Certain marriages validated
§ 37:1-15 Solemnizing without presentation of license; disorderly persons offense.
§ 37:1-16 Interrogation of applicants under oath; perjury.
§ 37:1-17.3 Entry into marriage, civil union by proxy under certain conditions
§ 37:1-17.1 License and certificate of marriage or civil union; transmittal.
§ 37:1-17.2 Delayed reports; filing; contents; affidavits; evidence.
§ 37:1-18 Penalty for false certificate.
§ 37:1-19 Penalty; how recovered.
§ 37:1-27 Tests; information; distribution by issuer of marriage or civil union licenses.
§ 37:1-36 New Jersey Civil Union Review Commission, establishment; membership; duties; reports; expiration.
§ 37:1-29 Definitions relative to civil unions.
§ 37:1-32 Legal benefits, protections, responsibilities of spouses which apply in like manner to civil union couples; list not exclusive.
§ 37:1-30 Criteria for establishment of civil union.
§ 37:1-33 References to marital or spousal relationships to include civil unions.
§ 37:1-34 Validity of civil unions entered into in foreign jurisdictions.
§ 37:1-35 Rules and regulations; guidance on replying to form questions.
§ 37:2-31 Short title.
§ 37:2-33 Formalties; consideration.
§ 37:2-35 Premarital or pre-civil union agreement not to adversely affect right of child support.
§ 37:2-36 When premarital or pre-civil union agreement becomes effective.
§ 37:2-37 Amendment or revocation of premarital or pre-civil union agreement.
§ 37:2-38 Enforcement of premarital or pre-civil union agreement; generally.
§ 37:2-39 Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void.
§ 37:2-40 Construction of article
§ 37:2-41 Application of article.
§ 37:1-1 Marriages and civil unions