Do Prenups Actually Hold Up in Court in New Jersey?

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Do Prenups Actually Hold Up in Court in New Jersey?

Couple sitting on sofa signing documentsIf you live in the state of New Jersey and are wondering about how long does a prenup last, or you wonder are prenups upheld in court, you are not alone. People who are considering getting a prenup often also have questions about parenting time, and co-parenting being included in a prenup. There are certain considerations that can be included in a prenup, but parenting rights or co-parenting arrangements cannot be included in this agreement.

It is important that your prenup be arranged correctly and outlined properly before you sign it. Otherwise, you might be opening yourself up to the loss of protection that you were hoping to have in place during your marriage. If you have asked are prenups enforceable, the answer is yes, but only if they are written properly and to the letter of the law in New Jersey.

Are Prenups Foolproof?

Prenups do actually hold up in court but they are not foolproof. There can be issues related to the creation of your prenup that can lead to it being disregarded in court. Situations such as signing a prenup under duress or problems with an agreement between the parties signing the prenup can lead to issues down the road. Many people ask about an “ironclad” prenup because they wonder are prenups upheld in court? The usual ironclad prenup meaning that people are thinking of when they create a prenup that they hope will actually hold up in court, is one that can never be found to be unfair or inequitable.

The reality is that while most prenups actually do hold up in court, there are always statements or inclusions that might be in a prenup that can lead to it being invalidated. The prenup is meant to protect both parties in the case of divorce, and the law will provide protection for both spouses no matter what the prenup says.

Do Courts Respect Prenups?

The court system always attempts to look at the details of a prenup and honor the agreement if it is fair to both parties. However, when people often wonder if prenups actually hold up in court, they are usually thinking of instances where one of the demands was not legal or fair to one of the parties involved in the contract. When the law is not being represented correctly in the language of a prenup, the law will override the language of the prenup.

Another reason that a prenup might not actually hold up in court is when there is an attempt to include parenting time in the prenup. This is not how parenting time and co-parenting rights are determined in the state of New Jersey, and any prenup arranged with this information included is at risk of being invalidated. If you need to create a prenup that will actually hold up in court, you need to be sure that you are working with a skilled lawyer while you draw up this agreement.

Writing a Prenup That Will Hold Up in Court

The point of a prenup is to protect assets that you bring with you into a marriage. These might be business assets, property assets, or even stock and bonds. Your lawyer will refer to the New Jersey Premarital Agreement Act when creating a prenup that will be fair to both parties. This is how you answer the question do prenups actually hold up in court with a solid yes.

Everyone must agree on a prenup for it to be valid, and the language of the prenup needs to be concerned with assets and not personal statements about behavior, parenting, or any kind of unfair division of things that are mutually owned by the spouses involved in the prenup.

Work With a Skilled New Jersey Prenup Lawyer

If you need to draw up a fair and accurate prenup that will hold up in court, you need to work with an experienced prenup lawyer. This is a document that must be written to the standards of the law and carefully backed by documentation of assets. When you work with DeTorres & DeGeorge, you will get access to a team that is highly experienced in this area of law in New Jersey. Writing a prenup that will hold up in court is easy when you are working with an experienced legal team.

Contact us today for a consultation to help you to create the right prenup for your needs to protect your assets as you enter into a marriage agreement.

Kristen E. Blucher
Kristen Blucher joined DeTorres and DeGeorge as an associate attorney in September 2021. Prior to joining the firm, Kristen served as a law clerk to the Hon. John P. McDonald, J.S.C., Family Part, Somerset County for the 2020-2021 term.  Kristen
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