When you decide to get married, there is nothing wrong with making a conscious effort to protect yourself and your financial security. That’s why having a prenuptial agreement drawn up can be beneficial. In the event of a divorce, a prenup can ensure that all your assets are protected and that your spouse walks away from the marriage with everything they’re entitled to. You may be wondering: “Can a prenup leave a spouse with nothing in New Jersey?”
When a prenup’s validity is called into question, it’s important that you have the right kind of legal help by your side. You don’t want your prenup to be rendered invalid because you failed to meet the state’s legal standards for such an agreement. You should consider hiring an experienced New Jersey prenuptial agreement attorney who can help you work through your concerns. They should have experience handling prenup cases and a knowledge of New Jersey prenup laws.
Hire a Prenuptial Agreement Lawyer
One of the most important decisions you can make in your case is to hire a New Jersey family lawyer. If you are about to get divorced, you will want to be certain that your prenup is valid and enforceable. The right lawyer’s help can be indispensable in situations like this.
Michael J. Montanari has devoted decades to helping individuals resolve their family law matters. He can bring empathy, extensive knowledge, and focus to your case. He knows what kind of help you need.
When considering the validity of a prenup, it may be beneficial for you to recognize the marriage and divorce statistics of your state. This information can further validate your decision to end the marriage. According to the CDC, New Jersey’s marriage rate is low at just 5.4 per 1,000 people as of 2023. The divorce rate is also quite low at only 2.2 per 1,000 people, according to World Population Review. Your situation may not be as unique as you may initially think.
It’s hard to accept that your marriage is over. This whole ordeal may be taking a toll on your mental health, even if you are unaware of the stress. You should consider reaching out to a local divorce support group like Healing and Hope or the Second Saturday Divorce Workshop. Surrounding yourself with like-minded individuals who may be going through the same thing as you can be beneficial to your healing journey. It can be good just to talk to someone.
Can a Prenup Leave a Spouse With Nothing in New Jersey?
The short answer is no. A prenuptial agreement cannot leave a spouse with nothing in New Jersey. In order to be deemed enforceable at the proper time, a prenup must be considered fair and balanced. A prenup that would leave your spouse with absolutely nothing would be seen as grossly unfair. The court would never approve it in the first place. Even if there is an infidelity clause in the prenup, it can be very difficult to enforce that clause. The courts focus on fairness.
Still, if your partner decides to challenge the prenup in an effort to get more from the divorce settlement, you should be prepared for the various arguments they may attempt to use. Here are some of the potential grounds for challenging a prenup that your spouse may try to use:
- Coercion. Your spouse may try to claim that while they did sign the initial prenuptial agreement, they only did so under duress or because they were coerced. A prenup can be voided if one spouse can prove that they wouldn’t have signed it if they hadn’t been threatened or pressured.
- Insufficient time. Your spouse could try to claim that they only signed the agreement because they didn’t have enough time to adequately read through it or understand it. They felt rushed.
- Failure to disclose assets. One common ground for challenging a prenup is that one party failed to properly disclose all of their assets and debts before the prenup was signed. The prenup itself reflects an inaccurate listing of all relevant marital assets. If this can be proven, it could be enough to void the prenup entirely.
FAQs
What Makes a Prenup Invalid in New Jersey?
There are many specific factors that can render a prenup invalid in New Jersey. If one spouse entered into the agreement under duress, that could be enough to render it invalid. If the prenup itself was grossly unfair and one-sided, the court may choose to void the prenup. Both parties who sign the prenup must do so of their own free will and with the mental capacity to understand what they’re doing. If that wasn’t the case, the prenup could be voided.
Can a Prenup Leave You With Nothing in New Jersey?
No, a prenup cannot leave you with nothing in New Jersey. The family courts in New Jersey value fairness above all else. Even if there is an infidelity clause in the prenup that makes one spouse lose considerably in the event of an affair, it can be hard to enforce that clause. The court will not approve a prenup that is grossly one-sided. There are many ways to challenge the validity of a prenup.
What Does a Prenup Not Protect You From?
In New Jersey, a prenup cannot protect you from any issues involving child custody, child support, or non-financial matters that are personal to you and your spouse, such as household chores. A prenup also cannot include any provisions that are illegal or anything that directly promotes divorce. All terms in the prenup must be fair to both spouses at the very least.
Can a Prenup Disinherit a Spouse in New Jersey?
Yes, it is possible for a prenup to disinherit a spouse in New Jersey. However, this can only happen if the spouse in question waives their right to an elective share in the prenup itself. This prenup must be approved by the family court. Without a waiver in place, the surviving spouse can claim a substantial amount of their deceased spouse’s estate under New Jersey’s inheritance laws.
Reach Out Today
The legal team at The Montanari Law Group can help you determine the strength of your prenuptial agreement. Contact us to speak to someone about your case.