Prenuptial Postnuptial Agreements

New Jersey Prenuptial and Postnuptial Family Law Attorney

In New Jersey, premarital agreements are often referred to as prenuptial agreements. As the name implies, postnuptial agreements are drafted after the finalization of marriage or civil union. Although these tools are often thought of as instruments for the rich and famous, their practicality extends beyond high asset divorces.

The statistics regarding civil union dissolution and divorce are unfortunately high. While a difficult topic to discuss before or during a marriage or civil union, a well prepared and thought out prenuptial or postnuptial agreement can ultimately reduce the strains associated with dissolving a relationship.


A keen sense of the issues and the ability to memorialize the interests of the parties is essential to preventing unnecessary disputes. Ultimately, it will reduce the stress and expenses associated with dissolution or divorce.

Drafting and Reviewing Prenuptial and Postnuptial Agreements

Whether you have been asked to sign a prenuptial or postnuptial agreement or wish to initiate one, it is important to secure experienced legal advice. All things considered, the basis of these tools is generally to protect financial interests and come to a mutual agreement that appears fair and equitable. Here are examples of some items contained in prenuptial or postnuptial agreements:

  • Rights and obligations of both parties to joint and separate property
  • Allocation of property if the parties separate, divorce, or die
  • Rights and obligations of managing and controlling property
  • Arrangements regarding business ownership
  • Spousal support issues
  • Life insurance policies
  • Matters personal to the parties
  • The effective date of agreements

Special Considerations Regarding Prenuptial Agreements

More than likely, you won’t see the romance in signing an agreement regarding the division of your premarital assets. For some couples, it suggests that the honeymoon is over before it even begins. Your fiancé may make signing a prenuptial a condition of your marriage. However, that doesn’t mean you can be forced to sign it the day before your nuptials are scheduled. Some critical legal considerations include the following:

  • Right to counsel of your own to review the prenuptial agreement
  • Voluntary consent to sign the document
  • Time to adequately consider the terms of the prenuptial agreement
  • Full disclosure of the assets subject to the document
You should also know that according to NJSA 37:2-33, a premarital agreement is only enforceable if it is written and executed by both parties. In the meantime, issues concerning child support, parenting time and custody cannot be part of a prenuptial agreement. These remain subject to the children’s best interests.

Concerns about Postnuptial Agreements

As you most likely can guess, postnuptial agreements are entered into after the exchange of marital vows. They are far less common than prenuptial agreements.

Many of the issues considered prior to marriage may be addressed in postnuptial agreements. In some cases, one spouse may wish to protect an inheritance and worry about joining funds. Postnuptial agreements frequently discuss considerations regarding equitable distribution and spousal support.


Seek Legal Advice Regarding Prenuptial and Postnuptial Agreements

You wouldn’t be wrong to think of prenuptial and postnuptial agreements as some type of marriage contract. Most likely, you know the danger of signing any document without experienced legal counsel.

The Law Offices of Sam Stoia has extensive experience reviewing and drafting both prenuptial and postnuptial agreements. We are happy to assist you and welcome contact by way of our website. Otherwise, we would be pleased to speak with you by telephone or in-person.  Please feel free to call 973 539-4364 to schedule an appointment.