Does a void marriage cancel a premarital agreement?

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 a marriage is declared void, a premarital agreement that would have been valid if the marriage were valid is enforceable only to prevent an unjust outcome for both parties. This means the agreement may still apply to some extent to avoid inequity.

According to N.J. Stat. § 37:2-39, if a marriage or civil union is found to be void, the related premarital agreement is enforceable only as 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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