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While it is certainly not the most romantic part of your wedding planning, any unwed couple can elect to form a prenuptial agreement not only to protect what they have prior to the marriage, or in some cases, protect any future assets they should acquire during the marriage.
The agreement was procured by fraud a prenup is valid only if it is entered into after full disclosure by both parties as to their income, assets, and liabilities. If one spouse provides the other with information that is not accurate or truthful, the agreement is invalid.
Prenuptial agreements are not a requirement for a marriage between high-net-worth individuals, but they can be a benefit to both parties. It can protect both current and future assets.
Courts may invalidate a prenup that is clearly unfair towards one party or is otherwise unconscionable including, for example, if the agreement imposes undue financial hardship, eliminates or unduly limits child custody following divorce, or imposes marital conditions regarding appearance, sexual acts, or other private
Prenuptial agreements can be invalidated if the terms are so unfair and one-sided that the court would question why the spouse would agree to the agreement in the first place.
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The signing party must have full knowledge of the other spouses property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
In New Jersey, if you wish to have a valid prenuptial agreement, it will have to meet several standards. Those standards are as follows: The agreement must be in writing. The agreement must be executed before the couple is married.
Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.
A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.
Unreasonable Terms Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.

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