Prenuptial Agreements

Prenuptial Agreements

New Jersey law on these agreements provides that they are enforceable if there has been full disclosure by both parties, they have been represented by counsel or had the opportunity to retain counsel, and it was fair and equitable at the time the agreement was made. Previously, a Court could find that a prenuptial agreement would not be enforced if it was unconscionable at the time enforcement was sought, but the law was changed. We have done a number of these agreements and are aware of the requirements to make them fair and equitable, and therefore enforceable, particularly now that same-sex couples can get married in New Jersey.