By Jeff J. Horn – Divorce Attorney
Marriage is more than just a romantic commitment, it’s also a legal and financial partnership. For couples in Ocean County, New Jersey, considering a prenuptial agreement can be a smart way to protect assets and clarify expectations before tying the knot. But do you really need one?
At Horn Law Group, we’ve helped many Ocean County residents draft and review prenuptial agreements that stand the test of time and the law. Here’s what you should know if you’re wondering whether a prenup is right for you.
What Is a Prenuptial Agreement?
A prenuptial agreement (often called a “prenup”) is a legal contract entered into before marriage. It outlines how assets, debts, and other financial matters will be handled during the marriage or in the event of divorce.
In Ocean County, prenups can include:
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Property division
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Business ownership
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Spousal support/alimony
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Debt responsibility
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Rights to retirement accounts and inheritance
Who Should Consider a Prenup?
You might think prenups are only for the wealthy, but that’s not true. Here are some common reasons people in Ocean County consider prenuptial agreements:
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You own a business: A prenup can keep your business separate from marital assets.
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You have children from a prior relationship: A prenup helps protect their inheritance.
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You have significantly more assets or debt than your partner: A prenup can ensure fairness and reduce conflict later.
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You expect to inherit family property: A prenup can preserve generational wealth.
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You want to avoid long, expensive litigation: Clear agreements reduce disputes if divorce happens.
Are Prenups Enforceable in Ocean County?
Yes, if properly drafted. New Jersey courts generally uphold prenuptial agreements as long as they meet key legal requirements. The law outlining what can be included in a prenup can be found in NJ Rev Stat § 37:2-34 (2024)
These requirements typically include:
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Full financial disclosure by both parties
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Independent legal representation
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Signed voluntarily (not under duress)
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Fair and reasonable terms
The agreement must also be in writing and signed before the marriage. If any of these conditions aren’t met, the court may refuse to enforce the prenup.
What Happens Without a Prenup?
If you don’t have a prenuptial agreement in Ocean County and you later divorce, your property will be divided under New Jersey’s equitable distribution laws. That means:
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Marital assets are divided fairly, but not always equally
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Premarital assets may become mixed with marital property
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The court may award alimony based on income and lifestyle
A prenup gives you more control over these outcomes instead of leaving them to a judge’s discretion.
Talk to a Prenuptial Agreement Lawyer in Ocean County
If you’re planning to get married and have questions about prenuptial agreements, contact Horn Law Group. We help clients throughout Ocean County create customized prenups that reflect their unique needs and protect their future.
Don’t wait until problems arise, take control now with a clear, enforceable agreement.
Thanks to Horn Law Group, LLC intern Dillon Uhrig
Photo by Gabrielle Henderson on Unsplash