A number of New Jersey couples choose to enter into prenuptial agreements before they marry. A prenuptial agreement allows couples to stipulate how their assets and property would be divided in the event of divorce. Without a legal prenuptial agreement in place, the division of assets takes place according to state law.

Like any type of contract, however, prenuptial agreements are not always enforceable. In general, a prenup is only valid in New Jersey if it is in writing, and each party entered into it voluntarily after receiving a full disclosure of the other’s assets. Earlier this month, Gov. Chris Christie signed a law that strengthens the enforceability of prenuptial agreements.

Previously, prenuptial agreements would not be enforced in New Jersey if the agreement was determined to be unconscionable–very unfair–at either the time that it was entered into or at the time of divorce. This basically meant that if a prenuptial agreement was very lopsided when it was written, or if it was fair when written but turned out to be very one-sided by the time of divorce, the agreement would be deemed invalid.

The law has now been changed so that prenuptial agreements will be set aside only if they were unconscionable at the time they were entered into, not at the time of enforcement.

It is important to note that this change does not impact any prenuptial agreements that were entered into prior to June 27 of this year.

Those who enter into a prenup after that date will only be able to have the agreement set aside if they can prove that the agreement was entered into involuntarily or that the agreement was grossly unjust at the time that it was created.

This change makes it even more important for for both parties to seek legal counsel when crafting a prenuptial agreement. This is wise in order to ensure that the agreement is fair and that it will protect one’s rights to certain assets and property both now and into the future.

Source: Phillyburbs.com, “The Business of Marriage: Prenuptial Agreements,” Lexi Rigden, July 8, 2013