At Cipriano Law Offices, P.C., we have extensive experience preparing prenuptial agreements. Our offices are centrally located in West Caldwell, near Parsippany, West Orange and most major towns in Northern New Jersey. Prenuptial agreements are contracts that people enter into prior to the date of marriage. The purpose of prenuptial agreements is to outline what will happen with all property obtained by either party prior to the date of marriage and the property obtained during the marriage by either spouse. The prenuptial agreement specifically states that the parties agree a court will not make any decision regarding alimony and/or equitable distribution. Attorney Melissa Cipriano has been drafting prenuptial agreements for both her own clients and through attorney referrals for many years.
The Requirements Of Prenuptial Agreements
A prenuptial agreement must be negotiated, written and executed in contemplation of the parties’ separation agreement to be considered enforceable. If a party claims a prenuptial agreement is unenforceable, that party must establish by clear and convincing evidence that:
- The party executed the agreement involuntarily; or
- The agreement was unconscionable at the time enforcement was sought; or
- That party, before execution of the agreement:
- Was not provided full and fair disclosure of the earnings, property and financial obligation of the other party;
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond what the disclosure provided;
- Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party;
- Did not consult with independent legal counsel and did not voluntarily and expressly waive in writing the opportunity to consult with independent legal counsel.
- The issue of unconscionability of a premarital agreement shall be determined by the court as a matter of law.