Here’s your essential New Jersey prenup checklist, plus how First’s user-friendly platform makes the process straightforward and stress-free.

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 (Written Agreement)

A New Jersey prenup must:

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

Exclusions: Child custody/support, incentive for illegal acts or divorce, and deceptive or unfair terms should not be included.

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.

Step 6: Store Your Prenup Safely

Keep a copy (physical and digital) of your signed prenup. Make sure your agreement is accessible if needed in the future.

Why Getting a Prenup Matters in New Jersey

  • Defines separate and marital property, protecting family assets, inheritances, and businesses
  • Limits or waives spousal support in divorce
  • Clarifies financial responsibilities and expectations
  • Reduces costly, stressful litigation

Ready to create your prenup? Work with First to ensure peace of mind as you begin your marriage in New Jersey.