When you write a prenuptial agreement in New Jersey, you need to make sure that every aspect of it is enforceable. If one part is unenforceable, then the court could void the entire agreement at its discretion.
Child custody and support
Premarital agreements in New Jersey can’t have terms around child custody and support because this is a public policy issue. You can, however, draft a child custody and support proposal for the court when you’re going through a divorce. The court is willing to consider the parents’ preferences, especially if they are able to come to a fair agreement with each other. You may hire a mediator to assist you and your spouse in negotiating a child custody and support plan.
Any alimony stipulations that you put in the prenuptial agreement must be fair. It’s possible for both parties to waive their rights to alimony, but one of you shouldn’t be a stay-at-home wife or husband for this to be fair. Both parties must understand all of the stipulations and agree to them. You should have your spouse also seek their own legal counsel as you negotiate a prenup because this will help the agreement hold up in court. A judge is more likely to perceive it as a fair agreement in which both sides knew what they were doing if both had legal counsel.
When you create a premarital agreement, you need to fully disclose your assets, income, debts and financial obligations. Failure to do so could result in the court voiding the agreement because you created it under false terms.
Prenuptial agreements don’t have to come to a 50/50 division of property. They do, however, have to be fair to the couple’s situation. It’s reasonable for both working spouses to keep their own property. When one spouse doesn’t work, that kind of division usually isn’t fair because they sacrificed career opportunities for their spouse.