VUE

S pring brings about beautiful changes: Sprouting bulbs, budding trees and, of course, the eve of wedding season. As the weather warms and homes get bought and sold, engagements cards with the accustomed "Save the Date" start flooding in and thus, new partnerships begin. But as couples make their plans—choosing venues, color schemes and florists—a choice and discussion that needs to be held is that of the prenuptial agreement. ough they were seldom utilized until recently—as couples get married later and later in life, aer building careers, amassing assets and owning homes—prenuptial agreements are becoming more prevalent than ever. Couples are more cognizant of the fact that marriage is not always necessarily "forever" and want to take the steps to protect themselves. ey want to establish the ground rules of how finances will be dealt with during the marriage, and even to delineate their responsibilities in the event of a divorce. Once frowned upon, legislatures and courts look to hold prenuptial agreements as valid and enforceable, so long as they have been entered into in a manner consistent with the statutory criteria. In general, an agreement will be held valid if both sides have made full disclosures about their assets/liabilities and income, they have had their agreement reviewed by independent attorneys of their own choosing, and the agreement is prepared and entered into far enough in advance of the actual wedding that it does not appear to be entered into "under duress." e agreement, once entered into, cannot be unconscionable. In 2013, the New Jersey State Legislature substantially revamped the applicable statutes governing prenuptial agreements. As part of the revisions to the statute, judges now need to evaluate prenuptial agreements as of the date of the signing of the prenuptial agreement, and no longer as of the date on which enforcement of the prenuptial agreement is sought (which can be years and years aer the prenuptial agreement is signed) as was previously the case. is change in the law was designed to ensure meaningful and enforceable contracts and reduce litigation on the enforceability of prenuptial agreements. Other changes, such as deleting the previously delineated definition of "unconscionability" were also made. As can be imagined, the significant shi from looking at the fairness of agreements then to looking at them now makes it easier for courts to uphold the fairness of agreements. Prenuptial agreements can be, and are, looked at completely differently by men and women, supporting or supported by spouses. No longer will the courts consider the substantial changes in the parties' lives: the number of children that they have raised, the job opportunities that you may have given up and the Understanding New Jersey Prenuptial Agreements B Y K A R O L I N A D E H N H A R D , E S Q . & D AV I D TAW I L , E S Q . VUE ON FORTUNE V U E N J . C O M 142

• Cover