Creating a prenuptial agreement is one of the most effective ways to protect your financial future and set clear expectations before marriage. Yet, many couples make avoidable prenup mistakes that lead to disputes, invalid terms, or even a judge striking down the entire agreement in court. Knowing the most frequent prenup contract errors helps you avoid signing a document that may become ineffective during divorce proceedings or estate matters.
At Weiner Law Group, we help individuals and couples throughout New Jersey prepare clear, enforceable prenuptial agreements. Since 1988, clients have turned to our attorneys for personalized representation, practical legal solutions, and guidance in straightforward and complex cases. Whether you want a prenup drafted, reviewed, or defended, we actively protect your rights and financial interests.
What Is a Prenuptial Agreement?
A prenuptial agreement, often called a prenup, is a legal contract entered into between two people before marriage. It defines how the couple will handle assets, debts, and finances if the marriage ends.
Prenups prove especially useful when one or both spouses:
- Own significant assets before marriage,
- Have children from a prior relationship,
- Expect to inherit wealth or manage family businesses, or
- Want to protect themselves from potential debt liability.
A properly written prenup sets expectations, reduces conflict, and prevents uncertainty if separation occurs.
A prenup gives couples broad authority to decide financial issues in advance of marriage, including, for example:
- How they will divide marital and separate property;
- Responsibility for debts acquired before and during marriage;
- Protection of family-owned businesses or professional practices;
- Rights to spousal support, also called alimony; or
- Estate planning considerations, including inheritance rights.
However, New Jersey law does not permit prenuptial agreements that address child custody, parenting time arrangements, or child support obligations.
What Invalidates a Prenup in New Jersey
Despite good intentions, many prenups fail to be effective. What invalidates a prenup often comes down to easily avoidable mistakes.
Failing to Provide Full Financial Disclosure
Both parties must fully disclose their financial situation before signing a prenup. That means specifically informing the other person about all of their income, assets, and debts,
Each person must share complete financial information with the other so that they can make an informed decision about whether to marry. If one spouse hides significant financial information, the law may consider it fraudulent.
Not Having Independent Legal Counsel
Each party should hire its own attorney to review the prenup document before signing. When one lawyer represents both parties, they have a conflict of interest. When they represent one partner, they have to work against the interests of the other and vice versa.
Signing a prenuptial agreement means agreeing to forego certain legal claims upon divorce. Each spouse should have a lawyer to ensure they are fully informed of their rights and options and enter the agreement voluntarily.
Starting Too Close to the Wedding Date
If you wait until just before your wedding to sign, a spouse may feel pressured or coerced into signing. Couples should allow ample time to negotiate, review, and finalize the agreement. While New Jersey law does not set an exact deadline, finishing the process at least one to two months before the wedding reduces the risk of disputes.
Using Vague or Overly Broad Language
Unclear terms often cause issues in prenups. Your prenup needs to be specific enough that you can still use it years later.
For example, a clause that says one spouse “keeps everything they owned before marriage” without listing specific accounts, properties, or investments leaves too much undefined. Clear, detailed terms reduce misunderstandings and limit the risk of costly lawsuits.
Including Terms That Violate Public Policy
Some couples mistakenly add provisions about personal aspects of marriage, such as household chores and intimacy expectations, which courts reject outright.
Ignoring State Law Requirements
Each state sets its own rules for creating a legally valid prenup. In New Jersey, to create a valid prenup, couples must:
- Provide full financial disclosure,
- Put the terms in writing, and
- Both sign the document.
Skipping any of these steps creates prenup contract errors that may prevent the agreement from holding up in court.
Overlooking Future Changes in Circumstances
A prenup should address the possibility that financial or family circumstances may shift over time. For example, leaving out provisions for future inheritances, business growth, or career changes risks making the agreement outdated or unfair.
What Are the Consequences of Prenup Mistakes?
If a judge determines that a prenup contains errors, the outcome depends on the seriousness of the mistake:
- Minor or fixable mistakes. If the issue involves vague wording or a missing detail, the court may strike only that clause and enforce the rest of the agreement. For example, a judge might reject an unclear property division term but still uphold valid provisions about debt responsibility.
- Mistakes that may invalidate a prenup. Should a spouse prove they signed under pressure or without independent counsel, the judge can refuse to enforce key sections. Sometimes, this leaves the couple subject to New Jersey’s default divorce laws instead of their prenup.
- Mistakes that void a prenup. If the court finds fraud, hidden assets, or unconscionable terms, it will typically throw out the entire agreement. Once that happens, the couple can propose an alternative, or the court can decide property division, support, and other issues according to state law.
When prenups contain serious mistakes, the parties lose the certainty they wanted from a prenup and must rely on litigation to resolve financial disputes.
Protecting Your Future with Weiner Law Group
Easily avoidable prenup mistakes could jeopardize your carefully negotiated prenup agreement. With decades of experience serving New Jersey families, our attorneys provide personalized guidance to create a prenuptial agreement that reflects your unique needs.
No matter how simple or complex your financial picture may be, we protect your interests and give you peace of mind as you begin your marriage. To discuss your options, call on 973-403-1100 or contact us online to schedule a consultation.