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What To Include in a NJ Prenup or Postnup: 10 Smart Clauses

A strong agreement is clear, fair, and tailored to your life. Use this list to spark ideas—then talk with your NJ attorney to finalize what fits your situation.


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10 Clauses Couples Commonly Consider

  1. Full Financial Disclosure Exhibit – Attach schedules of assets, debts, and income. Transparency supports enforceability.

  2. Property Classification Rules – Define separate vs. marital property, including how to treat increases in value.

  3. Income & Savings Treatment – Decide whether salary/bonuses go to joint or separate accounts and how savings targets work.

  4. Debt Allocation – Clarify responsibility for premarital loans, new credit lines, or business debt.

  5. Business Ownership & Valuation – Keep an existing company separate, set valuation methods, address appreciation, and outline buy-out terms.

  6. Real Estate & Equity Splits – Who’s on the deed? How do you handle unequal down payments, renovations, or a buy-out option?

  7. Alimony Parameters (if any) – Consider waivers, caps, or formulas—where appropriate and fair at signing.

  8. Windfalls & Inheritances – Keep inheritances/gifts separate or outline limited shared uses (e.g., college fund).

  9. Dispute Resolution First – Mediation (and optionally arbitration) before litigation to reduce cost and conflict.

  10. Review & Update Clause – Revisit after major events (children, home purchase, business growth) to keep terms aligned with reality.



Signing Smart in New Jersey

  • Start early (months, not weeks)

  • Independent counsel for both partners

  • Fair terms at the time of signing

  • Proper execution and safe storage

  • Keep copies—and update with life changes


Want help tailoring these clauses to your life? Book a consultation (Virtual or Princeton, NJ). We’ll translate your goals into a New Jersey–enforceable agreement.




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