If the marriage is declared void, will the premarital agreement get cancelled too?

Full question:

If the marriage is declared void, will the premarital agreement get cancelled too?

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

Answer:

In New Jersey, if the marriage is declared void, then a premarital agreement that would have been valid and enforceable if the marriage was valid, would be enforceable only to the extent that would be necessary to avoid an unjust result to both the parties.

N.J. Stat. § 37:2-39
 
“Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void

If a marriage or civil union is determined to be void, an agreement that would otherwise have been a premarital or pre-civil union agreement is enforceable only to the extent necessary to avoid an inequitable result.”

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

Yes, a prenuptial agreement can be voided under certain circumstances. For example, if one party did not fully disclose their assets, if the agreement was signed under duress, or if it is deemed unconscionable, it may be invalidated. Courts will assess the fairness of the agreement at the time it was signed. Always consult a legal professional for specific advice related to your situation.

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