New Jersey Prenuptial Agreement Laws: Rules and Enforceability (2026)

New Jersey enforces prenuptial agreements under the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 to 37:2-41. The agreement must be in writing, with a statement of assets annexed, and signed by both parties, and a spouse who wants it set aside must prove the statutory grounds by clear and convincing evidence (N.J.S.A. 37:2-38).

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital and pre-civil union agreements under New Jersey's Uniform Premarital and Pre-Civil Union Agreement Act (N.J.S.A. 37:2-31 to 37:2-41) and the equitable distribution statute, N.J.S.A. 2A:34-23.1. It does not cover New Jersey case law on prenups, cohabitation or palimony agreements, or other states' law. It is information only, not a template or drafting guide. For divorce, see New Jersey divorce laws.

Statute text: N.J.S.A. 2A:34-23.1 was checked on the New Jersey Legislature's website on 2026-10-08, and the current text of 37:2-32 and 37:2-38 was checked against the 2013 chapter law that enacted it. The other Title 37 sections were checked against a copy of the official text retrieved on 2026-08-01. Check the current text before relying on them.

Which law governs prenups in New Jersey

New Jersey's statute is N.J.S.A. 37:2-31 to 37:2-41. Section 37:2-31 provides: "This article shall be known and may be cited as the 'Uniform Premarital and Pre-Civil Union Agreement Act.'" Section 37:2-40 directs that the Act be construed to make the law uniform among the states that enacted the Uniform Premarital Agreement Act.

The Act applies to agreements made before a civil union as well as before a marriage. The Act applies to premarital agreements executed on and after its effective date, and to pre-civil union agreements executed on and after the effective date of P.L.2006, c.103 (N.J.S.A. 37:2-41).

Formal requirements for a New Jersey prenup

Section 37:2-33 sets the formalities:

"A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration."

Three points follow from that text:

• Writing and signatures. Both parties must sign a written agreement.
• Statement of assets. The statute requires a statement of assets annexed to the agreement. That requirement is in the formalities section itself.
• No consideration needed. The agreement is enforceable without consideration.

Section 37:2-33 does not mention notarization or witnesses. Under N.J.S.A. 37:2-36, the agreement becomes effective on marriage.

What a New Jersey prenup can cover

Under N.J.S.A. 37:2-34(d), the parties may contract about "The modification or elimination of spousal or one partner in a civil union couple support." The Act's text does not add a counsel requirement or a public-assistance limit for support waivers.

This page does not cover how New Jersey case law treats support waivers when an agreement is enforced. For how alimony works without an agreement, see New Jersey alimony laws.

What a New Jersey prenup cannot do

Section 37:2-35 provides: "A premarital or pre-civil union agreement shall not adversely affect the right of a child to support." The Act's eleven sections do not contain a separate statement about child custody.

When a New Jersey prenup is not enforceable

Section 37:2-38 is the enforcement test. It puts the burden on the person challenging the agreement and sets a high standard of proof:

"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:"

The circumstances listed after that lead-in are that the party, before signing:

• "Was not provided full and fair disclosure of the earnings, property and financial obligations 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 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"; or
• "Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel."

Under the same section, unconscionability is decided by the court as a matter of law.

Independent counsel

The Act does not make a lawyer mandatory, but independent legal counsel, or a written waiver of it, is part of the statutory unconscionability test in 37:2-38. Lawyers licensed in New Jersey can draft or review these agreements.

The deleted paragraph b

Paragraph b of 37:2-38 appears in the current text only as "(Deleted by amendment, P.L.2013, c.72)." As the current text reads, the unconscionability question in paragraph c looks to when the agreement "was executed."

The 2013 amendment took effect immediately on approval, June 27, 2013. Under section 3 of P.L.2013, c.72, it applies "to all premarital and pre-civil union agreements entered into on or after the effective date, or entered into before that effective date but voluntarily revised by the parties on or after the effective date in accordance with the procedures for amending agreements set forth in R.S.37:2-37." An agreement signed before June 27, 2013 and never revised that way is judged under the earlier version of 37:2-38, which a lawyer licensed in New Jersey can explain.

Timing before the wedding

None of the Act's eleven sections sets a waiting period between signing and the wedding.

Changing or revoking a prenup after the wedding

Under N.J.S.A. 37:2-37, after marriage a premarital agreement "may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration."

If the marriage turns out to be void

Section 37:2-39 addresses an agreement where the marriage is determined to be void. In that case the agreement is "enforceable only to the extent necessary to avoid an inequitable result."

Postnuptial agreements in New Jersey

The Act covers agreements made "in contemplation of marriage or a civil union and to be effective upon marriage or upon the parties establishing a civil union" (N.J.S.A. 37:2-32(a)). This page does not identify a separate New Jersey statute on postnuptial agreements. The equitable distribution statute does take agreements into account: among the factors in N.J.S.A. 2A:34-23.1(e) is "Any written agreement made by the parties before or during the marriage or civil union concerning an arrangement of property distribution." This page does not cover New Jersey case law on postnuptial agreements.

Property division without a prenup

New Jersey divides marital property by equitable distribution. Section 2A:34-23.1 provides: "In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:" For how division works in a divorce, see New Jersey divorce laws.

Disclaimer: This article provides general legal information about premarital and pre-civil union agreements under New Jersey's Uniform Premarital and Pre-Civil Union Agreement Act (N.J.S.A. 37:2-31 to 37:2-41). It is not legal advice and is not a template. The information was verified on 2026-10-08 (some Title 37 text against a copy retrieved on 2026-08-01), and the law can change. For advice about your situation, consult a lawyer licensed in New Jersey.

Related

• Prenuptial agreement laws in every state
• New Jersey divorce laws
• New Jersey alimony laws
• New Jersey child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in New Jersey?

Yes. Under N.J.S.A. 37:2-38, as amended by P.L.2013, c.72 for agreements signed on or after June 27, 2013, a premarital agreement is enforceable unless the person challenging it proves by clear and convincing evidence that they signed involuntarily or that it was unconscionable when signed for the reasons the section lists. Older, unrevised agreements are judged under the earlier version of the section.

Does a New Jersey prenup have to be notarized?

Section 37:2-33 requires a written agreement, signed by both parties, with a statement of assets annexed. It does not mention notarization or witnesses.

Do both people need a lawyer for a prenup in New Jersey?

The Act does not require one, but under N.J.S.A. 37:2-38 the lack of independent counsel without a written waiver is one of the circumstances tied to unconscionability.

Can a New Jersey prenup waive alimony?

Section 37:2-34(d) lets the parties contract about the modification or elimination of spousal support. This page does not cover how New Jersey case law treats such waivers at enforcement.

Can a prenup decide child support in New Jersey?

No agreement may adversely affect a child's right to support under N.J.S.A. 37:2-35.

How do you change a prenup after marriage in New Jersey?

Under N.J.S.A. 37:2-37, only by a written agreement signed by the parties, which is enforceable without consideration.