New Jersey: A+
Statutes
N.J.S.A. 37:2-32 through 37:2-41 (Uniform Premarital and Pre-Civil Union Agreement Act)
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at execution (voluntary signing, no fraud/duress), not again at enforcement. This means changed circumstances during marriage will not invalidate the prenup.
Unconscionability Standard
A prenup is invalid as unconscionable only if signed without full financial disclosure (or written waiver) AND without independent counsel (or written waiver). Financial imbalance alone cannot invalidate a prenup.
No Minimum Alimony Floor
2013 amendments removed all minimum alimony requirements. Courts may accept alimony at or potentially below public assistance thresholds. Short-term marriages should waive alimony completely.
Timing
We recommend signing the prenup at least 60 days before the wedding, with both parties having 2-3 weeks to review the final version. A New Jersey court may accept less, though this risks duress claims that could void the entire prenup.
Independent Counsel
Required for both parties or must be waived in writing. Separate counsel dramatically strengthens enforceability over waivers alone if the agreement is later challenged.
Financial Disclosure
"Full and fair disclosure" of both parties assets, debts and income required, or can be expressly waived in writing.
High Burden to Challenge
Challenging party must prove by "clear and convincing evidence" (higher standard than typical lawsuits) that execution was involuntary or unconscionable.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Steffens v. Steffens, No. A-0192-18T1 (App. Div. Dec. 27, 2019)
Appellate Division enforced a 20-year-old prenup signed the day before marriage where both parties had independent counsel, despite wife's claims of fraud, duress, unconscionability, and insufficient time.
In the Matter of the Estate of Lynda Nathanson Sutton, No. A-1838-22 (App. Div. July 1, 2025)
Appellate Division upheld prenuptial agreement with broad "waiving all rights" language, finding it satisfied statutory requirements for waiving elective share rights even without explicit mention.
Rogers v. Gordon, 404 N.J. Super. 213 (App. Div. 2008)
Appellate Division enforced prenuptial agreement signed in 1981 and reaffirmed in 1987 where parties kept finances separate throughout marriage, finding full disclosure and independent counsel made it enforceable.
Kambitsis v. Kambitsis, No. A-0631-17T1 (App. Div. April 17, 2020)
Appellate Division invalidated 2004 prenup due to extreme financial disparity ($52K vs. $21M) under pre-2013 law allowing unconscionability review at enforcement. This case is irrelevant to post-2013 prenups, which are reviewed only at execution—the same agreement would be upheld today.
Steele v. Steele (App. Div. 2021)
Appellate Division denied prenuptial presumption of enforceability to agreement signed after marriage (wife's attorney retained after wedding), treating it instead as postnuptial agreement subject to heightened scrutiny.