What are the essential requirements that must be satisfied in order for a premarital agreement to be upheld?
There must be full and fair disclosure of the earnings, property and financial obligations of the parties. A complete and comprehensive financial statement must be annexed to the agreement that sets forth the part’s earnings, property and financial obligations. A CIS should also be attached to the agreement. Both parties should be represented by attorneys. In all probability, a premarital agreement will not be enforceable if the other party did not consult with an attorney, or did not waive the right to do so in writing. The agreement must not be unconscionable. A premarital agreement is defined as an agreement that would leave a spouse as a public charge or close to it. N.J.S.A. 37:2-32 defines a premarital agreement as unconscionable if certain circumstance should arise. These situations are as follows: When a spouse is rendered without a means of reasonable support. When a spouse becomes a public charge. When a spouse is provided a standard of living far below that which was enjoyed
