Arons & Solomon Divorce Lawyers | November 7, 2025 | Divorce in Hackensack, NJ
Planning a wedding is exciting, but it also involves making important decisions about your future. One of the smartest steps you can take before saying “I do” is creating a prenuptial agreement. A prenup may not sound romantic, but it’s a practical way to protect both partners and avoid future conflict.
If you live in New Jersey, an experienced family law attorney can help you understand your options and guide you through the process. Continue reading to learn how a prenup can give you peace of mind and strengthen your relationship.
What Is a Prenuptial Agreement?
A prenuptial agreement, often called a “prenup,” is a written contract signed by both partners before marriage. It outlines each person’s financial rights and responsibilities during the marriage and in the event of a divorce or death.
Under the New Jersey Uniform Premarital Agreement Act (UPAA), a prenup must be:
- In writing and signed by both parties
- Entered into voluntarily, without pressure or coercion
- Based on full and honest financial disclosure
- Fair and reasonable at the time it was signed
These requirements help ensure that both spouses understand the agreement and that it protects their interests equally.
Why Couples Choose to Get a Prenup
Many people think prenups are only for wealthy individuals, but that’s not true. Couples at every income level can benefit from having one.
A prenup can help you:
- Protect property or savings you owned before marriage
- Define how debts will be handled during and after marriage
- Establish what happens to family businesses or inheritances
- Clarify spousal support (alimony) expectations
- Simplify the divorce process if the marriage ends
By discussing financial matters openly before marriage, couples can start their new life together with honesty and trust.
Protecting Assets and Debts
In New Jersey, property acquired during marriage is generally considered marital property and subject to equitable distribution if you divorce. A prenup lets you set your own terms for dividing assets and debts, rather than leaving those decisions to the court.
For example, if one partner owns a business or significant savings, a prenup can ensure those assets remain separate. Similarly, if one person has student loans or credit card debt, the agreement can prevent the other spouse from becoming responsible for them.
Having clear financial boundaries helps reduce future disputes and provides both partners with security and clarity.
Alimony and Financial Support
Prenuptial agreements can also address alimony, also known as spousal support. This can be especially helpful when one spouse earns significantly more than the other or plans to leave the workforce to care for children.
By setting expectations for financial support in advance, you can avoid long, stressful disputes if the marriage ends. However, under New Jersey law, a court may review alimony terms to ensure they are fair and not unconscionable at the time of enforcement.
What Happens Without a Prenup in New Jersey?
If you don’t have a prenuptial agreement, your property and finances will be divided according to New Jersey’s equitable distribution laws in the event of divorce. That means a judge will decide what’s fair, which might not align with what you and your spouse think is fair.
Without a prenup, you also give up control over how assets like retirement accounts, real estate, and personal property are handled. A well-drafted prenup gives you and your partner the power to make those decisions together.
When to Discuss a Prenup
It’s best to start the conversation about a prenup early—well before your wedding day.
This gives both partners time to:
- Exchange full financial information
- Review the agreement with their own attorneys
- Make revisions as needed to ensure fairness
Starting early helps prevent misunderstandings or claims of coercion later on. If done thoughtfully, a prenup can bring peace of mind to both parties before marriage.
Contact the Bergen County Divorce Lawyers at Arons & Solomon Divorce Lawyers for Help Today
If you’re considering a prenuptial agreement in New Jersey, Arons & Solomon Divorce Lawyers can help you create one that protects your rights and reflects your values. Our experienced Bergen County divorce attorneys can explain how the law applies to your situation, draft or review the agreement, and ensure that everything is handled properly and fairly.
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States