Prenuptial agreements are powerful tools to protect oneself from an uncertain future. Our firm recognizes that these documents can face legal issues after their execution. In some cases, legal action revolves around the execution of the document. Other times, the content of the prenuptial agreement calls for the need to retain legal services. If you are facing legal issues regarding the enforcement of a prenuptial agreement, contact our firm today. Contact the prenuptial agreement attorneys here at Paone Zaleski & Murphy for a consultation to discuss your legal matter.
In New Jersey, premarital contracts are governed by the Uniform Premarital and Pre-Civil Union Agreement Act (UPAA). This statute provides a strict framework for how these agreements must be drafted and executed to be deemed enforceable. Because these documents often involve the waiver of significant rights to alimony and equitable distribution, the court scrutinizes the circumstances of their signing. Our firm provides the sophisticated litigation experience needed to either defend the integrity of an agreement or challenge one that fails to meet these statutory protections.
In order to have a valid prenuptial agreement, the document must be prepared in accordance with New Jersey law. To ensure that your prenuptial agreement is valid, make sure:
The burden of proof to set aside a prenuptial agreement is upon the party alleging the agreement to be unenforceable. To succeed, the challenging party must typically provide “clear and convincing evidence” of a legal defect, such as involuntary execution or a failure to disclose substantial assets. When facing legal issues regarding the enforcement of this document, it is important to consult with an effective legal team that can represent your interests in court.
Litigation often arises when one spouse claims the agreement was “unconscionable” at the time it was signed. Under NJ law, an agreement may be set aside if a party was not provided full financial disclosure, did not waive that disclosure in writing, or lacked independent legal advice. Our attorneys are well-versed in the nuances of N.J.S.A. 37:2-38 and can help you navigate the complexities of asset valuation and disclosure disputes that frequently form the basis of these legal battles.
If you face litigation regarding the enforcement of a prenuptial or postnuptial agreement, contact our firm. Whether the legal matter is in reference to the execution of the document or its content, our firm will litigate on your behalf, fighting for your interests in court. Our firm has decades of experience representing clients’ interests regarding a previously executed prenuptial agreement. Contact Paone Zaleski & Murphy to schedule a consultation if you need our help.
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