The leading, comprehensive
New Jersey prenup
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WE’RE THE WORLD’S PRENUP EXPERTS
Everything to know about New Jersey prenups
A prenuptial agreement (otherwise referred to as a “prenup”) is a documented contract between two parties entering a marriage that decides the fate and responsibilities of property acquired before and during the marriage (and what will happen to them in the event of divorce or separation). Without a prenuptial agreement drafted between both parties prior to marriage, in the event of separation or divorce, a couple will be subject to New Jersey’s state prenuptial agreement that generalizes and decides the fate of each couple.

What to include in a valid New Jersey Prenup

For a Jersey prenup (also referred to as “premarital or pre-civil union agreement”) to be considered valid and enforceable in the eyes of the law, it must be drafted under specific laws and regulations that include:
  • A written contract
  • Lawful terms
  • Signatures from both parties (ideally on every page)
  • Signed voluntarily (without being under duress, intimidation, deceit, etc.)
  • Notarized
  • Financial disclosure

What to exclude from your New Jersey prenup

Your prenup could be a risk if you include any of the following provisions:
  • Child custody or child support
  • Incentive to commit illegal acts
  • Incentive for divorce
  • Unfair, unjust, or deceptive terms
Avoiding these subjects means avoiding unnecessary ambiguity that could be interpreted from your marriage or prenuptial agreement altogether, and efficiently streamline your divorce process.

A New Jersey prenuptial agreement can include the following (including, but not limited to!):

  • Separate Property: Specifying what property should be considered separate property;
  • Marital Property: Specifying what property should be considered marital property;
  • How marital property will be distributed at divorce or death
  • The modification or elimination of New Jersey spousal support;
  • The choice of law governing the construction of the agreement;
  • Any other provisions, such as personal obligations, as long as those provisions do not violate public policy.

Financial Disclosure:

When it comes to crafting a prenuptial agreement in New Jersey, one of the most critical aspects is financial disclosure. This legal requirement mandates that both parties provide a complete and honest account of their financial assets, liabilities, and income before entering into the agreement.

The importance of financial disclosure cannot be overstated. It serves as the foundation for a fair and legally binding prenup, ensuring that both individuals have a clear understanding of each other’s financial situation. This transparency helps prevent disputes and challenges in the future, as it promotes honesty and trust in the relationship.

Divorce Statute

Official term used to refer to “divorce from bond of matrimony”.

A legal breakup of a marriage in New Jersey is called a “divorce from bond of matrimony.” Legally speaking, couples can break up their marriage as a divorce, legal separation, or annulment.

>>For the entire fine print, review New Jersey Divorce Law
New Jersey Divorce Grounds

New Jersey recognizes both “fault” and “no fault” grounds for divorce.

>>For the entire fine print, review New Jersey Divorce Law

Marital Property

Property “acquired during the marriage”

In New Jersey, marital property includes all property, both real and personal, acquired by either spouse during the marriage. New Jersey operates under an equitable distribution theory. This means that property is not automatically split down the middle. Rather, the courts employ an equitable distribution analysis and use the following factors to help determine an asset split:
  • Length of the marriage;
  • Age and physical health of each spouse
  • Emotional health of each spouse;
  • Income of each spouse;
  • Debts and liabilities of the parties;
  • The spouse’s standard of living;
  • Economic circumstances of each spouse;
  • Each spouse’s financial and non-financial contribution to the marital property;
  • Earning capacity of each party;
  • Whether or not there was a prenuptial agreement; and
Any other factors the court deems relevant.

>>For the entire fine print, review New Jersey Divorce Law

Non-marital Property

AKA “separate property”
New Jersey operates like many other equitable distribution states, where a list of factors (see above) allow a court to determine what property is considered marital, and what property is considered separate, depending on a variety of factors. If you want to ensure that your separate property remains separate, a prenuptial agreement is the best way to do so.

Alimony Statute

Spousal Support Upon Divorce
New Jersey courts consider a variety of factors detailed in the New Jersey alimony statute (NJSA 34 N.J.S.2A:34-23). The listed factors are:
  1. The actual need and ability of the parties to pay;
  2. The duration of the marriage or civil union;
  3. The age, physical and emotional health of the parties;
  4. The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;
  5. The earning capacities, educational levels, vocational skills, and employability of the parties;
  6. The length of absence from the job market of the party seeking maintenance;
  7. The parental responsibilities for the children;
  8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
  9. The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
  11. The income available to either party through investment of any assets held by that party;
  12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
  13. The nature, amount, and length of pendente lite support paid, if any; and
  14. Any other factors which the court may deem relevant.
If you would like to decide whether or not alimony should be of issue in any divorce, a prenuptial agreement can allow you to decide!
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HOW OUR PRENUP WORKS
Easy, all-in-one solution, completed in a day
1
Fill out your questionnaires
Share your goals and assets in your personal questionnaires.
2
Align on clauses together
Compare answers and align on your prenup terms together.
3
Optional — Review with an attorney
Meet with an attorney to further customize your prenup.
4
Review and notarize your prenup
Review and notarize your prenup online with Proof.
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Optional attorney support
at a fraction of the cost
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Ask an attorney any time
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Get legal advice any time by adding on a 20-minute call with an attorney to your prenup for only $49 per partner, per session.
How it works
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Optional representation
Attorneys are standing by. Select one of your state’s top attorneys to get an optional full document review for added peace of mind.
Pricing
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Online notarization
Skip the drive to the notary. E-sign & notarize your agreement in minutes in your account through our integrated partnership with Proof.
Attorney services
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Book a free consultation
Not sure if you want/need an attorney? Book a consultation with a HelloPrenup team member today!
Learn more about how HelloPrenup works and what to expect about the process. We’re thrilled to answer any questions you have and help you get started.
A TRUSTED PRENUP THAT’S AFFORDABLE
We value full 
financial transparency
We encourage every couple to enter their marriage with full financial transparency and we’re starting our relationship with you the same way. Our prenup packages are flexible to adapt to exactly what you and your partner need.

It’s free to start creating and then requires a flat payment of $599 to complete. Along the way, you can add on additional services as needed, any time. Use the calculator to get an estimate. You can also choose to sign now and pay later with:
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Our online prenup $599 flat fee per couple

Notarization optional add-on
Attorney Q&A optional add-on
Attorney Representation optional add-on
Our attorney representation costs are 40–80% less than other online services i
Your customized total per couple $599

Same-day completion. Taxes included.

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A prenup isn’t just about protection.
It’s about going into marriage with a foundation based on transparency and trust.
A prenup is no longer a taboo — it’s a to-do.
Get a state-specific notarized prenup onlinewithout overspending on money or time.
Get a state-specific notarized prenup online and save on money and time.