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NOTE: This section was repealed by , effective .
New Jersey Statutes, Title: 37, MARRIAGES AND MARRIED PERSONS
Chapter 2: Minor spouses; authority to join adult spouse in transfer of realty
Section: 37:2-38: Enforcement of premarital or pre-civil union agreement; generally.
37:2-38. Enforcement of premarital or pre-civil union agreement; generally.
The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:
a. The party executed the agreement involuntarily; or
b. (Deleted by amendment, P.L.2013, c.72)
c. The agreement was unconscionable when it was executed because that party, before execution of the agreement:
(1) Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;
(2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
(3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
(4) Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.
d. The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.
amended 2006, c.103, s.33; 2013, c.72, s.2.
This section added to the Rutgers Database: 2013-07-08 15:52:19.
Older versions of 37:2-38 (if available):
Court decisions that cite this statute: