PREMARITAL (PRENUPTIAL) AGREEMENT

(New Jersey Uniform Premarital Agreement Act – N.J. Stat. Ann. §§ 37:2-31 et seq.)

[// GUIDANCE: This template is drafted for two individuals contemplating marriage in the State of New Jersey. It is designed to comply with the New Jersey Uniform Premarital Agreement Act (“NJ-UPAA”) and prevailing family-law practice. Bracketed items must be customized before execution. Attach complete and dated financial disclosures for each Party as Schedule A and Schedule B.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Separate Property and Marital Property
    B. Management and Control
    C. Transfers, Gifts, and Commingling
    D. Spousal Support
    E. Estate Planning and Death Benefits
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedules

I. DOCUMENT HEADER

1. Parties.
   This Premarital Agreement (“Agreement”) is entered into on [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME], residing at [ADDRESS] (“[Short Name 1]”); and
• [FULL LEGAL NAME], residing at [ADDRESS] (“[Short Name 2]”)
(each, a “Party” and together, the “Parties”).

2. Contemplated Marriage. The Parties contemplate legal marriage to each other on or about [PLANNED WEDDING DATE] in [LOCATION]. This Agreement shall become effective only upon the solemnization of that marriage.

3. Governing Law & Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of New Jersey, including the NJ-UPAA, and all disputes shall be heard exclusively in the Family Part of the Superior Court of New Jersey, [COUNTY] Vicinage (the “Family Court”), subject to Section VIII (Dispute Resolution).

4. Consideration. Mutual promises herein and the contemplated marriage constitute good and valuable consideration, the receipt and adequacy of which are acknowledged.

II. DEFINITIONS

[// GUIDANCE: Insert additional defined terms as needed. Maintain alphabetical order.]

“Child Support” means support for any minor child pursuant to N.J. Ct. R. 5:6A and applicable guidelines, which may not be limited or waived in this Agreement.

“Joint Property” means all real or personal property titled in the name of both Parties or otherwise designated as Joint Property under Section III-A-2.

“Marital Dissolution” means any legal proceeding that results in a judgment of divorce, annulment, or dissolution of marriage between the Parties.

“Separate Property” has the meaning set forth in Section III-A-1.

“Specified Cap” means the monetary limitation on indemnification liability under Section VII-B, initially set at $[DOLLAR AMOUNT], as may be adjusted by written amendment.

III. OPERATIVE PROVISIONS

A. Classification of Property

1. Separate Property. The following shall be and remain the Separate Property of each Party, free from any claim by the other, whether arising under equitable-distribution statutes or otherwise:
   a. Property owned by the Party before the marriage, as listed in that Party’s disclosure schedule attached hereto (Schedule A for [Short Name 1], Schedule B for [Short Name 2]);
   b. Property acquired after the marriage by gift, devise, or descent solely to that Party;
   c. Proceeds, appreciation, substitutions, and reinvestments of the foregoing, provided they are not commingled with Joint Property.

2. Joint Property. All property acquired in joint names or expressly designated in writing by both Parties as Joint Property shall be subject to equitable distribution in the event of Marital Dissolution or death, unless otherwise provided herein.

3. Presumptions. Title controls classification; however, a Party may rebut the presumption arising from title by clear and convincing evidence of contrary intent.

B. Management and Control

1. Each Party shall have sole management and control of his or her Separate Property, including the right to encumber or dispose of it without the consent of the other.

2. With respect to Joint Property, both Parties shall participate in management decisions. Either Party may seek specific performance in the Family Court to compel cooperation.

C. Transfers, Gifts, and Commingling

1. Transfers between the Parties shall be effective only if set forth in a duly executed writing.

2. Commingling of Separate Property with Joint Property shall convert only the commingled portion to Joint Property, unless traceable.

D. Spousal Support

1. Waiver / Modification. Except as set forth below, each Party knowingly waives any right to receive alimony, maintenance, or spousal support from the other upon Marital Dissolution.

2. Unconscionability Savings Clause. If, at the time of enforcement, the waiver in Paragraph 1 is deemed unconscionable under N.J. Stat. Ann. § 37:2-38(c)(2), the Family Court may order support that it deems necessary to avoid an inequitable result.

3. No Waiver of Child Support. Nothing herein shall limit either Party’s obligation to provide Child Support.

E. Estate Planning and Death Benefits

1. Each Party shall execute and keep in effect estate-planning instruments consistent with this Agreement, including but not limited to wills, trusts, and beneficiary designations.

2. Failure to do so shall give the aggrieved Party a claim for specific performance and, if that remedy is unavailable, a claim against the decedent’s estate equal to the benefit that would have been received.

IV. REPRESENTATIONS & WARRANTIES

1. Full and Fair Disclosure. Each Party represents that he or she has provided the other with a complete and current written statement of assets, liabilities, and income, attached as Schedules A and B, satisfying N.J. Stat. Ann. § 37:2-34(a)(2).

2. Independent Counsel. Each Party represents that he or she:
   a. has been advised of the right to retain independent legal counsel;
   b. has either retained such counsel or knowingly and voluntarily waived that right.

3. Voluntariness. Each Party warrants that this Agreement is executed voluntarily, without fraud, duress, or undue influence, and with sufficient time for review.

4. Reliance. Each Party acknowledges reliance on the truth of the other’s disclosures in entering this Agreement. Any material misrepresentation or concealment constitutes an Event of Default under Section VI-1(d).

5. Survival. All representations and warranties shall survive execution and marriage and shall not be merged into any judgment.

V. COVENANTS & RESTRICTIONS

1. Post-Marital Debts. Neither Party shall incur any debt or obligation in the other Party’s name without written consent.

2. Tax Cooperation. The Parties shall cooperate in filing joint or separate tax returns as mutually agreed and shall furnish information required for accurate returns.

3. Notice of Change in Financial Condition. Each Party covenants to provide written notice to the other within thirty (30) days of any material change (±10 %) in net worth until the dissolution of marriage or death of either Party.

VI. DEFAULT & REMEDIES

1. Events of Default. The following constitute an “Event of Default”:
   a. Material breach of any covenant herein;
   b. Failure to execute required estate-planning instruments within sixty (60) days after written request;
   c. Failure to indemnify per Section VII within thirty (30) days of written demand;
   d. Any material misrepresentation in the disclosures attached as Schedules.

2. Notice and Cure. The non-defaulting Party shall give written notice specifying the Event of Default and a thirty (30) day cure period.

3. Remedies. Upon default, the non-defaulting Party may seek:
   a. Specific performance or injunctive relief;
   b. Monetary damages not exceeding the Specified Cap, except in cases of fraud or willful misconduct;
   c. Reimbursement of reasonable attorney fees and costs.

4. Graduated Consequences. Failure to cure within the cure period escalates the matter to binding arbitration as described in Section VIII-C.

VII. RISK ALLOCATION

A. Mutual Indemnification

1. Each Party (“Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party (“Indemnified Party”) from any claim, debt, liability, or expense (including reasonable attorney fees) arising from or related to:
   a. the Indemnifying Party’s Separate Property;
   b. the Indemnifying Party’s pre-marital or post-marital debts incurred without the Indemnified Party’s consent;
   c. any breach of this Agreement by the Indemnifying Party.

2. Indemnification obligations survive Marital Dissolution and the death of either Party.

B. Limitation of Liability

Except for fraud or willful misconduct, the aggregate liability of an Indemnifying Party under Section VII-A shall not exceed the Specified Cap.

C. Insurance

Each Party shall maintain adequate insurance (e.g., homeowner’s, auto, umbrella liability) covering his or her Separate Property and personal liabilities and shall name the other Party as an additional insured where commercially practicable.

D. Force Majeure

Neither Party shall be liable for non-performance caused by events beyond reasonable control (e.g., acts of God, war, pandemic) provided that such Party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

A. Governing Law. New Jersey substantive and procedural family law governs all disputes.

B. Forum Selection. The Family Court shall have exclusive jurisdiction, except as provided in Paragraph C.

C. Limited Arbitration. Upon mutual written consent after a dispute arises, the Parties may submit property-valuation issues (excluding spousal or child support) to binding arbitration under the New Jersey Arbitration Act, N.J. Stat. Ann. § 2A:23B-1 et seq., before a retired Superior Court judge or an attorney with at least ten (10) years of family-law experience. The arbitrator’s award may be confirmed in the Family Court.

D. No Jury Trial. The Parties acknowledge that family-law matters in New Jersey are tried without a jury; accordingly, no jury-trial waiver is required.

E. Injunctive Relief. Notwithstanding Paragraph C, either Party may seek temporary or permanent injunctive relief or specific performance in the Family Court at any time.

IX. GENERAL PROVISIONS

1. Amendment and Waiver. This Agreement may be amended only by a written instrument signed by both Parties and acknowledged with the same formalities as this Agreement. No waiver of any provision shall be effective unless in writing; one waiver does not waive future breaches.

2. Assignment. Neither Party may assign any rights or delegate any obligations under this Agreement without prior written consent of the other Party.

3. Successors and Assigns. This Agreement binds and benefits the Parties, their heirs, personal representatives, successors, and permitted assigns.

4. Severability and Reformation. If any provision is held invalid, the remainder shall be enforced. The Family Court (or arbitrator, as applicable) is empowered to reform any invalid, illegal, or unenforceable provision to the minimum extent necessary to comply with law and effectuate the Parties’ intent.

5. Entire Agreement. This Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior or contemporaneous oral or written agreements.

6. Counterparts; Electronic Signature. This Agreement may be executed in counterparts, each of which constitutes an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are deemed original.

7. Acknowledgment of Receipt. Each Party acknowledges receipt of a copy of this Agreement fully executed by both Parties.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENTS

State of New Jersey )
) ss.:
County of _____ )

On the ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for the purposes therein contained.

Notary Public

(My Commission Expires: ____)

[Repeat notarization block for second Party.]

SCHEDULE A

Comprehensive Financial Disclosure of [Short Name 1]
[Attach detailed, dated statement of assets, liabilities, and income.]

SCHEDULE B

Comprehensive Financial Disclosure of [Short Name 2]
[Attach detailed, dated statement of assets, liabilities, and income.]

[// GUIDANCE:
1. Have each Party review the final document with independent counsel.
2. Attach complete financial disclosures before signing.
3. Execute the Agreement well in advance of the wedding to mitigate duress claims.
4. Consider updating Schedules immediately prior to execution if material changes occur.
5. Retain notarized originals in secure, fire-proof storage; provide certified copies to counsel.]