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How to get a prenup in New Jersey

Thinking about marriage means planning for your future, both emotionally and financially.

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In New Jersey, a prenuptial agreement is a legally powerful way to protect assets, clarify responsibilities, and avoid surprises during divorce. This guide explains exactly how to get a prenup in New Jersey, so couples can prepare confidently and securely.

Step 1: Start the Conversation Early

Don’t wait until the last minute: comprehensive prenups require thoughtful discussion, negotiation, and legal review. Begin the conversation well before the wedding date so both partners feel heard and respected.

Step 2: Disclose All Assets and Debts

By law, both partners must fully and fairly disclose all assets, debts, and income. This includes:

Real estate and personal property
Savings, investment accounts, retirement funds
Business shares or professional interests
Outstanding loans and liabilities

Full disclosure ensures fairness and protects the prenup from being invalidated later by the courts.

Step 3: Draft the Prenup

A New Jersey prenup must:

Be in writing
Include only lawful terms
Be signed voluntarily by both parties
Notarized

Step 4: Seek Independent Legal Advice

It’s highly recommended that each party has separate legal counsel. New Jersey courts look for evidence that both parties fully understood their rights and were not pressured or coerced. Legal review strengthens enforceability and prevents future disputes.

Step 5: Finalize, Sign, and Notarize Before the Wedding

The agreement must be finalized, signed, and notarized before the marriage takes place. Signing too close to the wedding date can risk claims of duress, so allow plenty of time for review and negotiation.

Why Getting a Prenup Matters in New Jersey

Defines separate and marital property, protecting family assets and businesses
Can limit or waive spousal support in divorce
Clarifies financial responsibilities and expectations
Reduces the risk of costly, stressful litigation

Ready to create your prenup? First is here to help! Book a consultation call today to work with our digital platform to ensure peace of mind as you begin your marriage in New Jersey.

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