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

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

Q: What makes a prenup null and void?

A prenup can be declared null and void if it was signed without proper legal counsel, if it was based on fraudulent information, or if it violates public policy. Additionally, if one party was not of sound mind at the time of signing, the agreement may be invalidated. Consulting an attorney can help clarify these issues.

Full question:

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

Category: Marriage
Subcategory: Premarital Agreements
Date: 04/07/2025
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

Can a prenuptial agreement be voided?

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.

What makes a prenuptial agreement invalid?

A prenuptial agreement may be considered invalid if it lacks proper legal formalities, such as being signed without witnesses or notarization. Additionally, if one party was misled about the other’s financial situation or if the agreement was signed under pressure, it might be deemed invalid. Legal advice is crucial to ensure the agreement meets all requirements.

What makes a prenup null and void?

What cancels out a prenup?

A prenup can be canceled if both parties agree to revoke it in writing. Additionally, if the marriage is annulled or declared void, the prenup may not be enforceable. Certain legal circumstances, such as a significant change in circumstances or the discovery of fraud, can also lead to its cancellation. Legal guidance is recommended to navigate these situations.

What voids a marriage contract?

A marriage contract can be voided for several reasons, including lack of capacity (such as being underage or mentally incapacitated), fraud, or if the marriage violates state laws (such as marrying a close relative). Additionally, if the marriage is declared void for reasons like bigamy, the contract may also be invalidated. Always consult legal counsel for specific situations.