How can a premarital agreement be amended?

Full question:

I need to bring some changes to my premarital agreement. Can you provide me more information on this? I live in New Jersey.

  • Category: Marriage
  • Subcategory: Premarital Agreements
  • Date:
  • State: New Jersey

Answer:

If you want to amend your premarital agreement, you and your partner need have a written agreement in this regard, which both you and your partner should sign. The relevant law here would be N.J. Stat. § 37:2-37. It says-
 
“Amendment or revocation of premarital or pre-civil union agreement

After marriage of the parties or the parties establishing a civil union, a premarital or pre-civil union agreement may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A prenuptial agreement is valid in New Jersey if it is in writing and signed by both parties. It must be entered into voluntarily, without coercion, and both parties should fully disclose their assets and liabilities. Additionally, the terms should be fair and not unconscionable at the time of enforcement. Ensuring both parties have independent legal counsel can also enhance its validity.