Bergen County Prenuptial Agreement Lawyers

25 Years of Family Law Experience. Litigators & Certified Mediators.

At Sherwood, Johnson & Poles, we bring over 25 years of combined family law experience to every prenuptial agreement we draft, review, or negotiate. Our attorneys are both seasoned litigators and certified mediators, which means we can guide you through a smooth, collaborative prenup process and represent you if an agreement is ever challenged down the road. We work one-on-one with each client to build a strategy that reflects your specific financial situation and long-term goals.

We offer free initial case evaluations and evening appointments to make working with a prenuptial agreement attorney in Bergen County as accessible as possible. Whether you’re approaching a first marriage or a second, we’re ready to help you move forward with clarity.

If you need help with a prenuptial agreement, contact our firm online today at (888) 224-1218 to schedule a consultation.

What Is a Prenuptial Agreement?

A prenuptial agreement is a written contract a couple executes before marriage that takes effect on the wedding date. It establishes in advance how financial matters will be handled if the marriage ends. Under New Jersey law, a valid prenup can address a wide range of financial provisions.

Common provisions include:

• Division of separate and marital property
• Alimony terms or an alimony waiver
• Responsibility for premarital debt
• Protection of business interests
• Inheritance protections for children from prior relationships

One important limitation: a prenup can’t include legally binding provisions about child custody or child support. Courts determine those matters based on the best interests of the child at the time of any future divorce proceeding. A well-drafted prenup can reduce the financial and emotional cost of contested divorce litigation by resolving key financial terms while both parties are on good terms.

Can You Get a Prenup After Marriage?

If you’re already married, a postnuptial agreement serves the same general purpose. It can address property division, spousal support, and other financial matters, and it’s executed and signed by both parties after the wedding. Under New Jersey law, any amendment or revocation of a prenuptial agreement after marriage must also be in writing and signed by both spouses.

Postnups are commonly used when one spouse leaves the workforce to care for children, when significant financial changes occur during the marriage, or when a couple wants to update an existing prenuptial agreement’s terms. If your situation has changed since you married, a postnuptial agreement may be the right tool to address it.

Are Prenups Only for the Wealthy?

Prenuptial agreements are a financial planning tool, not a wealth threshold. Any couple with assets, debts, or financial obligations worth protecting has reason to consider one. Without a prenup in place, New Jersey courts divide marital property through equitable distribution, which doesn’t mean equal division and can lead to contested, costly litigation.

A prenuptial agreement may be worth discussing if you:

• Own a business or hold an interest in a family business
• Have children from a prior relationship whose inheritance you want to protect
• Expect to receive a significant inheritance
• Carry substantial debt you don’t want your spouse to inherit
• Plan to pause your career to support the household or raise children

A prenup isn’t evidence that you expect your marriage to fail. It’s a practical agreement made when both parties are aligned, and it can help reduce conflict later.

New Jersey Legal Requirements for a Valid Prenuptial Agreement

New Jersey prenuptial agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act, N.J.S.A. 37:2-31 through 37:2-41. Knowing what the law requires is the foundation of an agreement that can be more effectively defended if it’s ever challenged.

Written Form, Disclosure & Execution

A prenuptial agreement must be in writing with a statement of assets annexed, signed by both parties before the marriage, and takes effect upon marriage. Both parties must fully disclose their financial condition, including assets, debts, income, and any business interests. Incomplete disclosure is one of the most common grounds for invalidation.

Timing & Grounds for Invalidation

Timing matters. Presenting an agreement immediately before the wedding, without giving the other party sufficient time to review it and seek independent legal counsel, can support a later claim of coercion or duress. A court may invalidate a prenup if the challenging party proves by clear and convincing evidence that execution was involuntary, or that the agreement was unconscionable when signed, meaning that party wasn’t given full and fair disclosure of the other’s assets, earnings, and financial obligations, didn’t voluntarily waive in writing the right to further disclosure, or didn’t have the opportunity to consult with independent legal counsel and didn’t waive that right in writing.

The Role of Independent Legal Counsel

Independent legal counsel for both parties isn’t required by law, but it substantially strengthens enforceability and helps each person fully understand what they’re agreeing to. Our firm can draft or review an agreement for one party and, if the other party is unrepresented, recommend they seek their own counsel before signing.

How Our Bergen County Team Handles Prenuptial Agreements

We handle every stage of the prenuptial agreement process. From the initial consultation through final execution, we work closely with clients so the agreement reflects their actual financial picture and complies with New Jersey law.

Our services include:

• Drafting prenuptial agreements tailored to your financial situation
• Reviewing and negotiating agreement terms on behalf of the receiving party
• Advising on the financial and legal implications of specific provisions
• Representing clients if an agreement is challenged or disputed

Because our attorneys are trained as collaborative lawyers and certified mediators, we’re equipped to support both cooperative prenup processes and contested enforcement proceedings. We maintain open lines of communication throughout and provide electronic updates so you know where things stand.

Contact Our Bergen County Prenuptial Agreement Lawyers Today

Protecting your financial future starts with a conversation. Contact Sherwood, Johnson & Poles to schedule your free initial case evaluation with a prenuptial agreement attorney in Bergen County. We offer evening appointments and are ready to help you understand your options and take the right steps forward.

If you need help with a prenuptial agreement, contact our firm online today at (888) 224-1218 to schedule a consultation.