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New Jersey Premarital and Prenuptial Agreements

The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the New Jersey state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the New Jersey court.

New Jersey: N.J.S.A. §§ 37:2-31 to 37:2-41

§§ 37:2-4 Antenuptial Contracts.

All contracts made between persons in contemplation of marriage shall remain in full force after such marriage takes place.

§§ 37:2-5. Right of husband and wife to contract with or sue each other.

Nothing in this chapter contained shall enable a husband or wife to contract with or to sue each other, except as heretofore, and except as authorized by this chapter.

§§ 37:2:6. Actions ore suits against married women without joing husband.

A married woman may sue or be sued without joining her husband, in any case whatsoever in which he would not be a necessary party if he were not her husband.