New Jersey Marital Agreement Attorney for Monmouth and Ocean County
Successful relationships are often built on a foundation of love and trust. Marital agreements are a way for couples to strengthen their relationship through open and honest planning for the future. Rather than viewing them as a negative, it may be helpful to think of them as a way to better understand and protect one another’s long-term goals.
Marital agreements may cover a variety of topics and are available to couples entering a marriage, married spouses, and those who live together but do not intend to marry.
Bronzino Law Firm serves couples throughout Monmouth County and Ocean County, including Manasquan, Neptune, Asbury Park, Wall, Howell, Point Pleasant, Brick, Toms River, and Jackson. Our small firm size allows us to focus on the unique needs and concerns of each client.
Call our office for a free and confidential consultation about your prenuptial agreement, cohabitation agreement, palimony agreement, or other marital agreement.
Types of Marital Agreements
| Agreement | When It Is Signed | Who It Is For |
|---|---|---|
| Prenuptial agreement | Before marriage or a civil union | Couples planning to marry or enter a civil union |
| Postnuptial agreement | After marriage | Spouses who want to address financial issues during the marriage |
| Cohabitation agreement | While living together or before moving in | Unmarried couples who live together |
Prenuptial Agreements
The best known marital agreement is the prenuptial agreement, which is signed before a marriage or civil union and takes effect when the marriage or civil union begins. While this type of agreement may carry a negative stigma, that reputation is far from the reality.
Prenuptial agreements may cover topics including property rights, alimony, and how assets will be handled instead of equitable distribution. They cannot adversely affect a child’s right to support, and child custody is decided based on the best interests of the children, not on what the parents agreed to before they were born.
New Jersey’s prenuptial agreement statute sets specific requirements, which are outlined in the checklist below.
Postnuptial Agreements
Postnuptial agreements, also known as mid-marriage agreements, are signed after the couple has married. They usually address financial topics including the division of assets and alimony, but they are not the same as prenuptial agreements in the eyes of the law.
We do not generally recommend these agreements, since there are many issues with enforceability in New Jersey family courts. In Pacelli v. Pacelli, the Appellate Division held that mid-marriage agreements must be closely scrutinized, and that fairness is measured both when the agreement is signed and when a spouse tries to enforce it. If you are already married and want to change an existing prenuptial agreement, the change must be in writing and signed by both spouses.
Cohabitation and Palimony Agreements
Unmarried couples who live together do not receive the same legal rights that married couples receive by default. A cohabitation agreement can address many of these issues in writing. It might cover:
- How jointly owned property will be divided if the couple separates
- Financial support, or palimony, after a separation
- How property will be owned, including joint tenancy
- Who will be responsible for health insurance and other shared expenses
- Whether the couple plans to sign separate documents, such as a power of attorney, for medical or financial decisions
A promise of support between unmarried partners must be in a signed writing to be enforceable under N.J.S.A. 25:1-5(h). In Moynihan v. Lynch (2022), the New Jersey Supreme Court held that the statute’s separate requirement for attorney review was unconstitutional, so an attorney is no longer strictly required. It is still wise for each partner to get independent advice.
As with other agreements, arrangements for children remain subject to the court’s authority and the child’s best interests.
Checklist for an Enforceable Prenuptial Agreement in New Jersey
Under N.J.S.A. 37:2-38, the spouse challenging a prenuptial agreement must prove the grounds by clear and convincing evidence. We can help you and your partner address each of the following:
A signed, written agreement. The agreement must be in writing, signed by both parties, and have a statement of assets attached.
Independent legal counsel. Each party should consult an independent attorney. A party may waive that opportunity, but the waiver must be express, voluntary, and in writing, and we do not recommend it.
Full and fair disclosure. Each party should provide full and fair disclosure of earnings, property, and financial obligations before signing. A significant omission can put the agreement at risk.
A voluntary signature. An agreement signed involuntarily is not enforceable. Avoid signing under pressure, especially at the last minute before a wedding.
A clear understanding of the terms. Each party should understand what the agreement means and be able to make a sound decision when signing it.
An agreement can also be challenged as unconscionable, which New Jersey law ties closely to the disclosure and legal counsel requirements above. If you are questioning an existing agreement, see our page on contesting a marital agreement.
Marital Agreement FAQs
Are prenuptial agreements enforceable in New Jersey?
Generally, yes, if they meet the statute’s requirements. A party seeking to set one aside must prove the grounds by clear and convincing evidence.
Does each person need a lawyer for a prenup?
Each person should consult independent counsel. A person who does not must expressly and voluntarily waive that opportunity in writing.
Can a prenup include child support or custody?
A prenuptial agreement cannot adversely affect a child’s right to support. Custody is decided based on the child’s best interests.
Can a prenup be changed after the wedding?
Yes. After marriage, it can be amended or revoked only through a written agreement signed by both parties.
Contact a Marital Agreement Attorney in Manasquan
Attorney Peter J. Bronzino helps couples prepare marital agreements throughout Monmouth County and Ocean County. Our firm believes marital agreements can be part of a happy and healthy relationship, and we take the time to get to know each client and understand what matters most. We also help clients with other family law and divorce needs.
To create a new agreement or review an existing one, please contact us online or call our Manasquan office at (732) 812-3102 for a free and confidential consultation.
