Prenuptial Agreements in New Jersey & Pennsylvania

A thoughtfully crafted prenuptial agreement can provide clarity, security, and peace of mind for couples entering marriage. At Ratliff Jackson LLP, we work with clients throughout New Jersey and Pennsylvania to draft personalized prenuptial agreements that protect assets, establish expectations, and reduce the risk of future disputes. Our attorneys understand that discussing finances and legal protections can be delicate — but done right, it strengthens the relationship by fostering openness and mutual respect.

What Is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a written contract signed before marriage that outlines how the couple’s assets, debts, and financial matters will be handled during the marriage and in the event of divorce, separation, or death. These agreements can define separate versus marital property, waive or limit spousal support, protect inheritances, and provide a roadmap for financial transparency.

Under New Jersey law, prenuptial agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act, which sets out specific legal requirements to ensure enforceability. In Pennsylvania, prenuptial agreements are enforceable under 23 Pa.C.S. § 3106, provided they were entered into voluntarily and with fair disclosure of financial obligations.

When Should You Consider a Prenup?

While some view prenuptial agreements as only necessary for high-net-worth couples, they are increasingly common and appropriate in many situations, including:

• One or both spouses have significant premarital assets
• One party owns a business or professional practice
• There are children from a previous relationship
• One or both spouses hold substantial debt
• The couple anticipates future inheritances or family trust distributions
• One spouse plans to pause or leave their career for the marriage or family

A valid prenuptial agreement allows couples to determine, in advance, how they will handle their finances rather than leaving those decisions to a judge.

What Can Be Included in a Prenup?

A prenuptial agreement can cover a wide range of financial and property-related matters, including:

• Division of property and assets
• Treatment of debts and liabilities
• Spousal support (alimony) waivers or limitations
• Protections for business ownership or professional income
• Allocation of real estate
• Clarification of retirement account rights
• Preservation of family heirlooms and inheritances

While a prenup cannot pre-determine child custody or child support (as those issues are decided based on the child’s best interest at the time of separation), it can address nearly every other financial issue relevant to a divorce or separation.

Legal Requirements for Enforceability

A prenuptial agreement must be carefully drafted and executed to ensure that it holds up in court. The key requirements include:

• Voluntary Agreement: Both parties must sign without pressure or coercion.
• Full Disclosure: Each party must fully disclose their assets, liabilities, income, and expenses.
• Independent Legal Representation: While not strictly required, separate legal counsel helps demonstrate fairness.
• Proper Timing: Agreements should be signed well before the wedding date to avoid claims of duress.

Failure to meet these requirements can result in a court invalidating part or all of the agreement. That’s why working with experienced counsel is essential.

Our Prenuptial Agreement Services

At Ratliff Jackson LLP, we focus on preparing prenuptial agreements that are tailored, enforceable, and respectful of the relationship. Our services include:

• Advising clients on whether a prenup is appropriate for their situation
• Drafting agreements that comply with New Jersey and Pennsylvania law
• Reviewing prenups prepared by the other party’s attorney
• Assisting with financial disclosures and asset documentation
• Coordinating with opposing counsel to facilitate respectful negotiations

We help ensure the agreement reflects your priorities while complying with legal standards that minimize the chance of later litigation.

Why Choose Ratliff Jackson LLP?

Clients trust our firm because we provide a thoughtful, client-centered approach to prenups — combining meticulous legal drafting with emotional intelligence. Our attorneys offer:

• Deep knowledge of New Jersey and Pennsylvania family law
• Experience handling high-stakes and high-net-worth prenuptial agreements
• Discretion, confidentiality, and professionalism
• Clear, practical advice that helps you make informed decisions
• A focus on fairness and enforceability, not conflict

We’ve advised entrepreneurs, professionals, executives, and individuals entering their second or third marriages — all with the goal of protecting their future without disrupting their present.

Take Control of Your Financial Future

Secure your foundation before you say “I do.” A prenuptial agreement isn’t just about protecting assets — it’s about building your marriage on mutual understanding and legal clarity. At Ratliff Jackson LLP, we guide clients through the process with discretion, integrity, and strategic insight.

To schedule a confidential consultation, call 856-209-3111 or visit our consultation request page. Our office is located at 811 Church Rd., Cherry Hill, NJ 08002, and we proudly serve clients throughout South Jersey and Southeastern Pennsylvania.

Frequently Asked Questions About Prenuptial Agreements

Do I need a lawyer for a prenuptial agreement?
Yes. While it’s not legally required for both parties to have separate attorneys, having independent legal counsel significantly increases the enforceability of the agreement. Courts may question a prenup if one party didn’t have the opportunity to fully understand their rights.

Can a prenuptial agreement be challenged or overturned?
Yes, but only under specific conditions. A prenup can be invalidated if it was signed under duress, contains unconscionable terms, lacks full disclosure of finances, or was executed too close to the wedding. Our firm drafts agreements designed to stand up in court.

Is my spouse’s debt my responsibility without a prenup?
Potentially. In both New Jersey and Pennsylvania, courts may consider certain debts acquired during the marriage as joint liabilities. A prenuptial agreement allows you to specify who is responsible for which debts before any issues arise.

What happens if we move to another state? Will our prenup still be valid?
Generally, yes — if the agreement complies with the laws of the state where it was signed. However, differences in state laws could affect how the agreement is interpreted. We draft agreements with portability in mind and can review your prenup if you’re relocating.

Can we include lifestyle clauses, like rules about infidelity or chores?
Courts in New Jersey and Pennsylvania generally do not enforce lifestyle clauses, especially if they have nothing to do with financial rights or responsibilities. We’ll guide you on what provisions are legally relevant and which ones may raise enforceability issues.

How soon before the wedding should we sign a prenuptial agreement?
We recommend finalizing the agreement at least 30 days before the wedding. This helps ensure no party can later claim they were pressured or rushed, which is a common basis for challenging a prenup in court.