2018 New Jersey Revised Statutes
Title 37 - MARRIAGES AND MARRIED PERSONS
Chapter 2 - Minor spouses; authority to join adult spouse in transfer of realty
Section 37:2-38 - Enforcement of premarital or pre-civil union agreement; generally.

Universal Citation: NJ Rev Stat § 37:2-38 (2018)

Section: 37:2-38: Enforcement of premarital or pre-civil union agreement; generally.


37:2-38. Enforcement of premarital or pre-civil union agreement; generally.

The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:

a. The party executed the agreement involuntarily; or

b. The agreement was unconscionable at the time enforcement was sought; or

c. That party, before execution of the agreement:

(1) Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;

(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;

(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or

(4) Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.

d. The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law.

L.1988, c.99; amended 2006, s.103, s.33.

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