Can you set aside a prenuptial agreement during divorce?

By Cynthia Ann Brassington
September 29, 2017
Can you set aside a prenuptial agreement during divorce?

If a prenuptial agreement's prepared in accord with requirements of the statute, it should not be set aside. It must be signed by the parties voluntarily and must be conscionable. The parties must each provide full and fair disclosure of the earnings, property and the respective financial obligations. If there is a waiver of financial obligations such as spousal support, the waiver must be voluntary. Issues of child support and custody would not be enforceable in a prenuptial agreement.

Also, did each party have adequate knowledge of the property or financial obligations of the other party? The prenuptial statute includes that the party may waive council but I do not recommend that. In my prenuptial agreements the other party is represented and if not, I would be concerned as to its enforceability.


New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division, to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.

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September 29, 2017
Categories:  FAQs

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