New Jersey Uniform Premarital Agreement Act

N.J. Stat. §§ 37:2-31 to 37:2-41 (adopted in 1988)

§  37:2-31. Short title

This article shall be known and may be cited as the "Uniform Premarital and Pre-Civil Union Agreement Act."

§  37:2-32. Definitions

As used in this article:

a. "Premarital or pre-civil union agreement" means an agreement between prospective spouses or partners in a civil union made in contemplation of marriage or a civil union and to be effective upon marriage  or upon the parties establishing a civil union;

b. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings;

c. "Unconscionable premarital or pre-civil union agreement" means an agreement, either due to a lack of property or unemployability:

(1) Which would render a spouse or partner in a civil union without a means of reasonable support;

(2) Which would make a spouse or partner in a civil union a public charge; or

(3) Which would provide a standard of living far below that which was enjoyed before the marriage or civil union.  

§  37:2-33. Formalities; consideration

A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration. 

§  37:2-34. Contents of premarital or pre-civil union agreement

Parties to a premarital or pre-civil union agreement may contract with respect to:

a. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

b. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

c. The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;

d. The modification or elimination of spousal or one partner in a civil union couple support;

e. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

f. The ownership rights in and disposition of the death benefit from a life insurance policy;

g. The choice of law governing the construction of the agreement; and

h. Any other matter, including their personal rights and obligations, not in violation of public policy.  

§  37:2-35. Premarital or pre-civil union agreement not to adversely affect right of child support

A premarital or pre-civil union agreement shall not adversely affect the right of a child to support.  

§  37:2-36. Effective date of premarital or pre-civil union agreements

A premarital or pre-civil union agreement becomes effective upon marriage of the parties or upon the parties establishing a civil union.

§  37:2-37. Amendment or revocation of premarital or pre-civil union agreement

After marriage of the parties or the parties establishing a civil union, a premarital or pre-civil union agreement may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration. 

§  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. 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.