STATE GUIDE · UPDATED 2026

Prenuptial Agreements in New Jersey: Requirements & How to Get One

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Is a prenup enforceable in New Jersey? The short answer

Yes — prenuptial agreements are legally enforceable in New Jersey under the Uniform Premarital Agreement Act (UPAA) (N.J.S.A. § 37:2-31). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.

New Jersey at a glance

Legal framework
Uniform Premarital Agreement Act (UPAA)
Property system
Equitable distribution

Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.

Notarization
Not required
Witnesses
Not required
Financial disclosure
Standard — fair and reasonable disclosure
Independent lawyers
A meaningful opportunity to consult counsel is required
Spousal support terms
Can be set in your agreement

New Jersey prenup questions, answered

Are prenuptial agreements enforceable in New Jersey?

Yes. New Jersey enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA). The governing law is N.J.S.A. § 37:2-31. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

Does a prenup need to be notarized in New Jersey?

Notarization is not required in New Jersey, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's New Jersey signing instructions include it.

Do you need witnesses to sign a prenup in New Jersey?

No — New Jersey does not require witnesses for a prenuptial agreement. Both partners' signatures (ideally notarized) are what matter.

Do we each need a lawyer to get a prenup in New Jersey?

New Jersey requires that each partner have a meaningful opportunity to consult their own lawyer before signing — you can waive it in writing, but the opportunity must be real. OurPrenup's timeline and documents are built around that requirement.

Is New Jersey a community property state?

No. New Jersey is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.

Can a prenup waive or limit spousal support (alimony) in New Jersey?

Yes — New Jersey allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does New Jersey require for a prenup?

Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in New Jersey. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in New Jersey?

New Jersey has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in New Jersey?

Attorney-drafted prenups in New Jersey commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete New Jersey-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step New Jersey signing instructions — with optional online e-sign and notarization for $50.

How to sign your prenuptial agreement in New Jersey

  1. 1

    Both parties review the final prenuptial agreement and all attached financial schedules.

  2. 2

    Each party must have had a meaningful opportunity to consult with an independent attorney before signing.

  3. 3

    If either party declines attorney representation, execute a separate written waiver of counsel.

  4. 4

    Both parties sign the prenuptial agreement.

  5. 5

    Have the agreement notarized. While New Jersey does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.

  6. 6

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 1 × Notary Public (recommended)

3 people total at signing

Governing law

  • N.J.S.A. § 37:2-31
  • N.J.S.A. § 37:2-32
  • N.J.S.A. § 37:2-33
  • N.J.S.A. § 37:2-34
  • N.J.S.A. § 37:2-35
  • N.J.S.A. § 37:2-36
  • N.J.S.A. § 37:2-37
  • N.J.S.A. § 37:2-38
  • N.J.S.A. § 37:2-39
  • N.J.S.A. § 37:2-40
  • N.J.S.A. § 37:2-41

Good to know in New Jersey

  • New Jersey law (N.J.S.A. § 37:2-33) requires a statement of assets to be physically attached to the agreement. Print the Financial Disclosure Exhibits (Exhibit A and Exhibit B) and staple or bind them to every executed original of the agreement.

This guide is general information about New Jersey law, not legal advice. For advice on your specific situation, consult a licensed attorney in New Jersey. See our full legal disclaimer.

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