In 1988, the New Jersey Legislature adopted the Uniform Premarital Agreement Act, permitting parties to enter agreements prior to marriage and providing for the contents of those agreements. The law was amended in 2006 to include pre-civil-union agreements within its purview.
Generally, a party seeking a judicial declaration that an agreement is not enforceable must prove by clear and convincing evidence (1) that an agreement was executed involuntarily; or (2) was unconscionable at the time enforcement was sought; or (3) that before execution there was not a fair disclosure of income, property and financial obligations of the other party; or (4) that the party challenging enforceability did not waive in writing full disclosure in favor of a limited disclosure of property and financial obligations; or (5) did not have knowledge of the property and financial obligations of the other party; or (6) did not consult independent legal counsel.
