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New Jersey Statutes Title 37. Marriages and Married Persons 37 § 2-38

Current as of February 19, 2021 | Updated by FindLaw Staff

The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:

a. The party executed the agreement involuntarily; or

b. (Deleted by amendment, P.L.2013, c. 72).

c. The agreement was unconscionable when it was executed because that party, before execution of the agreement:

(1) Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;

(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;

(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or

(4) Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.

d. The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law.An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.

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Cite this article: FindLaw.com - New Jersey Statutes Title 37. Marriages and Married Persons 37 § 2-38 - last updated February 19, 2021 | https://codes.findlaw.com/nj/title-37-marriages-and-married-persons/nj-st-sect-37-2-38.html

Read this complete New Jersey Statutes Title 37. Marriages and Married Persons 37 § 2-38 on Westlaw

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