New Jersey couples who decide to sign a premarital agreement might do so for a variety of reasons. Both sides might have property they want to protect in case the marriage does not work out. One side could have a business or other assets that he or she does not want to be subject to property division in the event of divorce. Or there could be a simple goal to keep the property separate regardless of its value.
Regardless of the reason for marital agreements, it is possible that the divorce proceeding will include a disagreement as to the validity of the premarital contract. Such cases often require legal advice. Understanding the law as to when the premarital agreement should be invalidated will be the foundation of the attempt to nullify it.
When there is an allegation that the marital agreements are unenforceable, it is up to the party who wants it set aside to show that it violates the law and therefore should be nullified.
The person must show that the agreement was signed involuntarily. He or she can also show that it was unconscionable, or unfair, when it was signed because of the following: the signing party did not have full disclosure of the other party’s earnings, financial obligations, or property holdings; the right to property or disclosure of information regarding property and finances was not waived voluntarily; the person was unaware and could not have been aware of the property and financial obligations; or the person failed to have independent legal counsel and did not waive the right to such counsel. T
The burden of proof will be on the person who wants the agreement eliminated. With marital agreements and a divorce, it is possible that the case will be in dispute. From the perspectives of both the spouse who wanted the agreement and the spouse who signed it, it is wise to have legal advice to deal with the dispute. A law firm that understands marital agreements and when they are valid or invalid can help with a case and should be consulted immediately.