A business sale, inheritance or major change in income may leave an older prenup out of date. New Jersey allows spouses to change these agreements after marriage. In New Jersey both spouses must sign a written amendment. The date of the original agreement and the terms of the changes may affect whether the new terms can be enforced.
When should you think about updating your prenup?
Major life events can change a couple’s financial needs. A new business, large inheritance or major increase in income may call for a review of the original terms. Changes in family life may also raise new concerns. Spouses may want to review how their agreement handles property, debts and financial support.
New Jersey’s 2013 legal changes also matter. The updated rules generally apply to agreements signed on or after June 27, 2013 and older agreements voluntarily revised after that date.
What steps are needed to amend a prenup?
New Jersey law requires a written amendment signed by both spouses. No new payment or other consideration is required.
Before signing, spouses should take these steps:
- Review the original agreement: Examine its execution date, existing provisions and financial implications.
- Identify necessary modifications: Determine which provisions require clarification, replacement or removal.
- Exchange financial information: Review current assets, liabilities, income sources and significant financial obligations.
- Consider independent representation: Each spouse should evaluate whether separate legal counsel is appropriate.
- Execute the amendment: Document the agreed modifications and obtain both spouses’ signatures.
- Preserve supporting documents: Maintain copies of the original agreement, amendments and relevant financial records.
These steps can help reduce confusion and create a clear record of the changes.
How can spouses reduce disputes over an amendment?
Under N.J.S.A. 37:2-38, courts review certain challenges to a prenup based on factors such as voluntary consent, financial disclosure and access to legal advice. For agreements governed by the 2013 changes, the law generally examines unfairness at the time of signing, subject to statutory requirements. Spouses should avoid pressure and allow enough time to review the terms. New Jersey sets no general deadline for making changes after a major life event.
Reviewing the amended agreement
Updating a prenup involves more than changing financial terms. Both spouses should understand the new provisions before signing. A New Jersey family law attorney can review the documents and explain which legal rules apply to the agreement.
