Prenuptial agreements in New Jersey

New Jersey adopted the Uniform Premarital Agreement Act (UPAA) through N.J.S.A. 37:2-31 to 37:2-41. One of its most protective features is the explicit requirement that both parties either have independent legal counsel or sign a written waiver acknowledging they declined representation. This dual-counsel expectation, combined with strict disclosure requirements and unconscionability review at execution, makes the NJ framework more protective than many other states.

New Jersey's version of the UPAA specifically addresses independent counsel. Both parties must either be represented by their own independent attorney or sign a written waiver acknowledging they had the opportunity for counsel and declined it. While a waiver satisfies the statutory requirement, having independent counsel for both sides may strengthen the agreement's enforceability. Neptune's process assigns independent attorneys to each partner as a standard part of the service.

Without a prenuptial agreement, New Jersey applies equitable distribution under N.J.S.A. 2A:34-23.1. This means a court divides marital property in a manner it considers fair, which is not necessarily equal. New Jersey courts consider numerous factors including the duration of the marriage, age and health of both parties, income and earning capacity, and the standard of living established during the marriage. The statute also specifically addresses executive compensation, deferred compensation, and severance as distributable property.

N.J.S.A. 2A:34-23.1 explicitly includes non-qualified deferred compensation, golden parachutes, and severance in the definition of property subject to equitable distribution. This means stock options, restricted stock units, supplemental executive retirement plans, and similar benefits earned during the marriage may be divided upon divorce. A prenuptial agreement can address how these assets are treated, potentially preserving separate property characterization for compensation tied to pre-marital service or individual performance.

Prenuptial agreements in New Jersey typically cost $1,500 to $3,500 per attorney. Since New Jersey specifically contemplates independent counsel for both parties, most couples pay $3,000 to $7,000 or more for two separate attorneys. Neptune offers a $5,000 flat fee that includes two independent attorneys: a drafting attorney ($3,000) and a reviewing attorney ($2,000). No hourly billing, no retainers, and no payment required to begin.

When both partners use Neptune attorneys, turnaround is typically around 3 to 4 weeks. The timeline accounts for drafting, independent review by both attorneys, financial disclosure, and coordination of the signing process. Complex financial situations, particularly those involving executive compensation or business interests, may require additional time. Rush pricing applies when the wedding is within 45 days. Signing well in advance of the wedding date may also reduce the risk that a court later questions voluntariness.