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Can a premarital agreement be oral or does it always have to be in writing to be valid?

Can a premarital agreement be oral or does it always have to be in writing to be valid?

Q: Can a premarital agreement be oral?

In New Jersey, a premarital agreement cannot be oral; it must be in writing and signed by both parties to be valid. Oral agreements lack the necessary legal standing to be enforceable in the state. Therefore, it's crucial to have a written document that clearly outlines the terms of the agreement.

Q: Can a valid premarital agreement be oral?

No, a valid premarital agreement cannot be oral in New Jersey. It must be in writing and signed by both parties to be enforceable. Oral agreements do not meet the legal requirements set forth by New Jersey law, which necessitates a written document for clarity and protection of both parties.

Full question:

Can a premarital agreement be oral or does it always have to be in writing to be valid? Need to know the New Jersey law in this regard.

Category: Marriage
Subcategory: Premarital Agreements
Date: 04/07/2025
State: New Jersey

Answer:

A premarital agreement has to be in writing and should be signed by both the parties. It should have the details of the assets of both the parties. The relevant law here would be

N.J. Stat. § 37:2-33:

“A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it 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

What makes a prenuptial agreement invalid?

A prenuptial agreement can be deemed invalid if it was not executed properly, such as lacking signatures from both parties or not being in writing. Additionally, if one party did not fully disclose their assets or if the agreement was signed under duress or coercion, it may also be invalid. New Jersey law requires that both parties understand the agreement's terms for it to be enforceable.

Can a premarital agreement be oral?

What are the requirements for a prenuptial agreement in New Jersey?

In New Jersey, a prenuptial agreement must be in writing and signed by both parties. It should include a full disclosure of each party's assets and liabilities. Both parties should also have the opportunity to seek independent legal counsel to ensure they understand the agreement. This helps to prevent claims of unfairness or lack of understanding later on.

What makes a premarital agreement valid?

A premarital agreement is valid if it is in writing, signed by both parties, and includes a clear disclosure of assets. It must also be entered into voluntarily, without coercion, and both parties should ideally have independent legal advice. In New Jersey, such agreements are enforceable even without consideration, as per N.J. Stat. § 37:2-33.

Can a valid premarital agreement be oral?

Can a valid contract be oral?

Yes, many contracts can be oral and still valid under certain conditions, provided they meet the legal requirements of offer, acceptance, and consideration. However, some contracts, including premarital agreements in New Jersey, must be in writing to be enforceable. It's important to understand the specific requirements for different types of contracts.