What does the process of creating a prenuptial agreement entail?

By Bari Zell Weinberger
October 13, 2017
What does the process of creating a prenuptial agreement entail?

All prenuptial agreements in New Jersey must be in writing and signed by both spouses to be considered valid.

The prenup must also include a statement of assets and liabilities attached to the agreement. This is to guarantee fair and reasonable disclosure of each party’s financial information because misleading a prospective spouse about assets or liabilities at the time of entering into the prenup can be a basis for invalidation of the agreement.

There should also be language in your prenup that you’re entering into the agreement freely and without coercion or pressure from anyone else, including your fiancé. If you’re feeling that you’re being strong-armed into the agreement, you should not enter into it.

There should also be language in your prenup that you’re entering into the agreement freely and without coercion or pressure from anyone else, including your fiancé. If you’re feeling that you’re being strong-armed into the agreement, you should not enter into it.

Both parties must have independent counsel representing their interests. Both of those attorneys have to sign the agreement with the parties that they are representing. If there’s no independent counsel, the document automatically fails. The parties need to keep in mind that after the marriage, the premarital agreement may be amended or revoked only by written agreement signed by both of the parties.


Bari Zell Weinberger is the owner and managing partner of Weinberger Law Group in New Jersey. She is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.

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October 13, 2017
Categories:  FAQs

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