Prenuptial & Postnuptial Agreements

Morristown Prenuptial & Postnuptial Agreement Attorneys

Big-Firm Litigation Depth. Boutique Morristown Service.

A prenuptial or postnuptial agreement is one of the most practical legal tools available to couples who want to protect what they’ve built and be honest about what they expect from each other. At Foster & Burke, we treat these agreements as instruments of clarity, not distrust. We draft them with care, structure them with court scrutiny in mind, and when an agreement is challenged, our attorneys are prepared to litigate and appeal because the same legal judgment that goes into drafting also goes into courtroom advocacy.

That depth matters. An agreement not built around how New Jersey courts scrutinize these documents may fail when it’s needed most. Our attorneys came from large firms and brought that experience to a boutique Morristown practice built on honest advice and personal attention. We handle prenuptial and postnuptial agreement drafting, enforcement, and disputes for clients throughout Morris County, and virtual consultations are available for clients who can’t come to us in person.

To speak with a prenuptial or postnuptial agreement attorney in Morristown, call (973) 381-2720 or contact us online to schedule a consultation. We offer virtual meetings.

What Is the Difference Between a Prenuptial & Postnuptial Agreement?

The core distinction is timing. A prenuptial agreement is signed before marriage, allowing two individuals to set financial terms before legal obligations bind them. A postnuptial agreement is signed after the wedding, typically when spouses want to address changes in their financial picture that weren’t anticipated before they married.

Common triggers for a postnuptial agreement include acquiring or starting a business, receiving a significant inheritance, a major shift in income, or simply defining financial rights that weren’t addressed before the wedding. Because the parties are already legally married when they sign, New Jersey courts apply a stricter enforceability standard to postnuptial agreements than to prenuptial ones. That distinction shapes how we draft each type and why procedural care matters especially for postnuptial agreements.

What Can a New Jersey Prenuptial & Postnuptial Agreement Include?

Both types of agreements can address a wide range of financial matters. We can draft provisions covering the division of assets and debts, including real estate, retirement accounts, and business interests. Under N.J.S.A. 37:2-34, an agreement may also designate specific assets as separate property, define how marital property will be divided, and address spousal support, whether by setting a specific alimony amount, limiting the duration of payments, or waiving support entirely, provided the terms aren’t unconscionable at the time of enforcement.

What these agreements cannot do is just as important. New Jersey law keeps child-related matters out of marital agreements entirely. You cannot predetermine child custody or child support arrangements. Courts apply the best interests of the child standard at the time of divorce, and N.J.S.A. 37:2-35 explicitly prohibits any provision that would adversely affect a child’s right to support. No agreement can override that.

Attorney Elizabeth Foster-Fernandez: Licensed in New Jersey & New York

Attorney Elizabeth Foster-Fernandez, Esq. leads prenuptial and postnuptial agreement drafting at our firm. Her dual licensure in both New Jersey and New York is a practical advantage for couples who live, work, or hold assets on both sides of the Hudson. For Morris County clients with New York employment, property, or business ties, an agreement needs to be built with both states’ legal standards in mind. Having one attorney who understands both jurisdictions helps address gaps that can surface when only one state’s law is considered.

Contact us online or call (973) 381-2720 to schedule an initial consultation with our Morristown prenuptial and postnuptial agreement lawyers. We can meet with you virtually.

New Jersey Enforceability Requirements for Prenuptial & Postnuptial Agreements

New Jersey’s Uniform Premarital and Pre-Civil Union Agreement Act (N.J.S.A. 37:2-31 to 37:2-41) governs prenuptial agreements signed after June 27, 2013. Under that statute, the burden of proof falls on the party challenging the agreement, who must establish unenforceability by clear and convincing evidence. Courts evaluate enforceability as of the date the agreement was signed, not the date of divorce. Postnuptial agreements face an additional layer of review: courts evaluate whether their terms remain fair both at signing and at enforcement, and a significant change in circumstances can render a previously acceptable postnuptial agreement unenforceable.

We build every agreement with these standards in mind from the first draft. Procedural shortcuts that seem harmless at signing become vulnerabilities in a Morris County courtroom. Here is what courts evaluate:

Written format and formal execution. All terms must appear in a signed written contract. New Jersey law automatically voids oral promises regarding marital assets or support, so every provision must be documented with precision to prevent future ambiguity.
Voluntary consent free of duress. Both parties must sign without undue pressure or coercion. Signing a prenuptial agreement immediately before the wedding creates a real risk that a court will find execution was involuntary. We advise clients to finalize these documents well in advance of the ceremony to reduce that risk.
Full and fair financial disclosure. N.J.S.A. 37:2-33 requires a statement of assets to be annexed to the agreement. Both parties must account fully for assets, debts, and income. Inaccurate valuations or omitted liabilities can give the challenging party grounds to seek invalidation of the agreement.
Independent legal representation. A party may waive the right to independent counsel in writing, but courts scrutinize agreements where one spouse lacked an attorney. We strongly recommend that each spouse retain a separate attorney to review the terms, which helps demonstrate that both parties understood their rights and the legal consequences before signing.
Adherence to fairness and unconscionability standards. Under N.J.S.A. 37:2-32, an agreement that would leave one spouse without reasonable means of support, make them a public charge, or impose a standard of living far below what the marriage provided may be found unconscionable. Unconscionability is a question of law decided by the court, not a jury. For postnuptial agreements, this fairness review applies both at signing and at enforcement.

Don’t sign a prenuptial or postnuptial agreement without experienced legal counsel. Call (973) 381-2720 or contact us online to schedule a consultation.

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Why Choose Foster & Burke?

Trusted Experience
With extensive litigation and appellate backgrounds, we confidently handle complex and high-stakes family law matters. You benefit from seasoned attorneys who are prepared for any challenge.
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We take the time to understand your family, your concerns, and your goals. Our approach is compassionate, steady, and built around helping you move toward a better future.
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We bring big-firm experience to a boutique setting, giving every client strategic, attentive representation. Your case is never handed off or treated as routine.

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163 Madison Ave
Suite 220-20
Morristown, NJ 07960

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973-381-2720