You planned ahead and protected your business, property, or family inheritance with a prenuptial agreement (or “prenup”). But now the divorce is underway, and that “ironclad” document is being contested. From Bergen County estates to tech ventures in Jersey City, high-asset divorces can turn prenups into battlegrounds.
If you’re asking how to enforce prenups, now is the time to act. In New Jersey, the strength of your prenup often depends on the strength of your legal team. Weiner Law Group attorneys know how to protect prenuptial agreements when the stakes are high and how to challenge them when fairness is on the line.
Is My Prenup Enforceable in Divorce?
When evaluating a prenup’s enforceability, first examine the agreement’s content and formation. New Jersey courts generally uphold prenuptial contracts if they meet certain standards under New Jersey law.
To be enforceable, a prenup must:
- Be in writing and signed by both parties before the marriage;
- Include complete and fair disclosure of each person’s financial information;
- Be entered into voluntarily, without pressure or coercion;
- Be fair at the time of signing; and
- Not affect custody or child support rights.
Even if your agreement meets these conditions, it can still be scrutinized. That’s why enforcing a prenup requires a strong legal foundation and a well-prepared legal team.
What Makes Prenup Enforcement Harder in High-Asset Cases
Prenups aim to simplify divorce. However, high-asset divorce prenups are often harder to enforce because they involve complex financial portfolios, such as business interests, investment accounts, and real estate holdings spread across multiple states or countries. These agreements may overlook or oversimplify valuable assets, leading to disputes about ownership, valuation, or fairness.
When wealth and power are unevenly distributed, judges may examine whether the agreement was fair when it was signed and still is today. Working with an experienced divorce attorney can help enforce your prenup.
Can a Prenup Be Thrown Out in Court?
Yes, a prenup can be thrown out in court. A judge can refuse to enforce an agreement signed under unfair conditions or one that violates public policy. This often happens when one party hides assets, fails to disclose debts, or pressures the other into signing right before the wedding.
Common reasons courts refuse to enforce a prenup include:
- One person signed the agreement without legal counsel or enough time to review it;
- The agreement was heavily one-sided, giving all assets to one spouse;
- One party failed to disclose key financial information;
- The agreement includes terms about custody or child support; or
- The circumstances have changed so much that enforcing the prenup would now be unfair.
If any of these issues apply to your situation, your attorney may need to defend the agreement’s fairness or challenge it based on the facts.
How Do I Make Sure My Prenup Holds Up?
Whether you’re relying on a prenup or the one questioning it, legal preparation is key to ensuring your prenup holds up. Courts won’t automatically enforce a prenup. You must show it meets legal requirements and shows signs of fairness when it was signed and today.
To increase the chances of enforcement, take the following steps:
- Gather all financial documents. A court must see that both spouses fully disclosed their finances before signing. Clear, dated income, property, and debt records can prove the parties entered the agreement with full knowledge.
- Get a clean, signed copy of the prenup. Judges rely on the original, executed agreement to determine if the parties agreed voluntarily. A missing or incomplete version can raise red flags.
- Work with an attorney who understands prenup enforcement. In high-net-worth divorces, prenups often involve layered assets like businesses, trusts, or foreign investments. A skilled attorney can translate those terms into enforceable arguments in court.
- Show that you followed the terms during the marriage. Courts often look at behavior to determine whether the spouses took the prenup seriously. Treating separate property as separate and abiding by the agreement’s terms helps prove that the prenup was both valid and relied upon.
Attorneys can also use specific legal tools to strengthen enforcement:
- Financial advisor or attorney testimony—shows both parties received guidance before signing, helping prove the agreement was entered into voluntarily and knowingly;
- Full disclosure of records—demonstrates both parties laid their financial cards on the table, a key requirement for enforceability;
- Asset tracing reports—help distinguish premarital assets from marital ones, reinforcing the accuracy of the prenup’s property divisions; and
- Documented conduct during the marriage—confirms that both spouses treated the prenup as binding, which supports its ongoing fairness and relevance.
Each tool can help the court see the prenup as a legitimate, well-informed agreement that both spouses respected. And that’s what makes enforcement possible.
Why Hire Weiner Law for Prenups and High-Asset Divorce
At Weiner Law Group, we help protect what matters most. Our team has decades of experience assisting high-net-worth clients navigate complex divorce issues, including the enforcement and defense of prenuptial agreements. Since 1988, we’ve built our reputation by blending detailed legal work with compassionate client service. Our team has earned an AV rating that reflects our commitment to strategic, results-oriented advocacy.
Whether trying to protect a prenup or defend against one, our attorneys know how to approach high-value cases with discretion and precision. We work closely with financial experts, business appraisers, and forensic accountants to prepare every angle of your case. And because we’ve handled some of the most challenging family law matters in New Jersey, you’ll have the confidence of knowing your legal team has seen it all and knows how to move forward.
Protect Your Rights and Your Future: Call Weiner Law Today
A prenuptial agreement is only as strong as the team defending it. If you’re wondering how to enforce prenups in a high-asset divorce or how to challenge one that no longer feels fair, now is the time to act.
Contact Weiner Law Group at 973-403-1100 to schedule a consultation. We’ll review your agreement, explain your options, and help you protect what you’ve worked hard to build.