New Jersey Courts enforce properly drafted prenuptial agreements. Significant to the enforceability of a prenuptial agreement is the disclosure of the parties' assets and income at the time of entering into the prenuptial agreement. At the time of a divorce, one party cannot set aside the prenuptial agreement they freely entered into because they are no longer happy with the results. Courts may set aside a prenuptial agreement if it is determined to be unconscionable or the product of fraud. In determining whether a prenuptial agreement is unconscionable, the Court will consider whether it would leave one party without a means of support, make a party a public charge or cause their standard of living to fall far below that which they enjoyed during the course of the marriage. If you're considering entering into a prenuptial agreement, make sure your attorney is familiar with family law and experienced in drafting prenuptial agreements.
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