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New Jersey Statutory Citation on Prenuptial Agreements
Uniform Premarital Agreement Act (UPAA)
37:2-31. Short title: This article shall be known and may be cited as the "Uniform Premarital Agreement Act."
37:2-32. Definitions as used in this article:
37:2-33. Formalities; consideration: A premarital agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration.
37:2-34. Contents of premarital agreement: Parties to a premarital agreement may contract with respect to:
37:2-35. Premarital agreement not to adversely affect right of child support: A premarital agreement shall not adversely affect the right of a child to support.
37:2-36. When premarital agreement becomes effective: A premarital agreement becomes effective upon marriage of the parties.
37:2-37. Amendment or revocation of premarital agreement: After marriage of the parties, a premarital agreement may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration.
37:2-38. Enforcement of premarital agreement; generally: The burden of proof to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable. A premarital agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:
37:2-39. Enforcement of premarital agreement; marriage determined void: If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
37:2-40. Construction of article: This article shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting the "Uniform Premarital Agreement Act."
37:2-41. Application of article: This article shall apply to premarital agreements executed on and after its effective date.
To file for divorce in New Jersey under no-fault grounds, the couple must have been living separate and apart in different residences for at least 18 consecutive months. There must be no hope of reconciliation in the marriage.
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