top of page
Search

Prenups in New Jersey: 5 Myths—Busted

If you’re engaged, you’ve probably heard mixed opinions about prenuptial agreements. In New Jersey, a well-crafted prenup isn’t about planning for divorce—it’s about setting clear expectations, protecting both partners, and lowering stress around money. Let’s bust the five biggest myths.


ree

Myth #1: “Prenups are only for the wealthy.”

Fact: Prenups help any couple clarify property ownership, manage debt, define how to handle future assets, and avoid costly disputes. Student loans, a growing side business, or a future home purchase—these are everyday reasons.


Myth #2: “Talking about a prenup kills the romance.”

Fact: A prenup sparks honest conversations about goals, budgeting, saving, and family priorities. Transparency builds trust.


Myth #3: “Prenups aren’t enforceable anyway.”

Fact: NJ courts generally uphold prenups if they’re entered voluntarily, with full and fair financial disclosure, independent legal counsel (strongly recommended for each party), and terms that are not unconscionable at signing. Timing matters—don’t wait until the week of your wedding.


Myth #4: “A prenup decides child custody and support.”

Fact: In New Jersey, a prenup cannot pre-determine child custody or child support. Courts decide these based on the child’s best interests at the time.


Myth #5: “We don’t have many assets, so it’s pointless.”

Fact: A prenup can cover future income, career changes, potential inheritances, debt responsibility, and a process for resolving disputes—valuable even when you’re just starting out.


What a Good NJ Prenup Typically Includes

  • Identifying premarital property and debts

  • How to treat future income, bonuses, and businesses

  • Rules for marital vs. separate property

  • Approach to alimony (amount/waiver/caps, when appropriate)

  • A plan for mediation before litigation

  • Periodic review clause (after kids, business milestones)


When to Start

Begin 3–4 months before the wedding to avoid time pressure. It is recommended that each partner should have their own lawyer.


Quick Checklist

  • ☐ Drafted well before the wedding

  • ☐ Full financial disclosure exchanged

  • ☐ Independent attorneys for both partners

  • ☐ Terms fair at signing

  • ☐ Signed properly and stored safely


How a Princeton Prenup/Postnup Lawyer Can Help

Prenuptial and postnuptial agreements involve detailed financial disclosures, precise drafting, and strict procedural requirements under New Jersey law. Having an experienced attorney on your side helps you avoid unenforceable terms, protect your assets, and reduce conflict. From clarifying separate vs. marital property to coordinating independent counsel and proper execution, we act as your advocate to create a clear, fair, and enforceable agreement.


If you’re engaged or already married in New Jersey, don’t leave your agreement to chance.

Contact us to schedule a consultation and get legal guidance tailored to your situation.




Comments

bottom of page