N.J. Stat. § 37:2-38 : — MARRIAGES AND MARRIED PERSONSMINOR SPOUSES; AUTHORITY TO JOIN ADULT SPOUSE IN TRANSFER OF REALTY —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. (Deleted by amendment , P.L 2013, c 72 )
c. The agreement was unconscionable when it was executed because 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. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.

N.J.S. § 37:2-38

Amended by L. , c. 72,s. 2, eff. 6/27/2013.
Amended by L. 2006, c. 103,s. 33, eff. 2/19/2007.
L.1988, c.99, s.1.
SECTIONS