State Codes and Statutes
Statutes > New-jersey > Title-37 > Section-37-2 > 37-2-3837:2-38 Enforcement of premarital or pre-civil union agreement; generally.
37:2-38. Enforcement of premarital or pre-civil union agreement; generally.
The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:
a.The party executed the agreement involuntarily; or
b.The agreement was unconscionable at the time enforcement was sought; or
c.That party, before execution of the agreement:
(1)Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;
(2)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
(3)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
(4)Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
d.The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law.
Amended 2006, s.103, s.33.
