When the court deems a couple’s prenup enforceable, they would be guided by the terms of the agreement. However, a prenup that is considered unenforceable, in whole or part, would mean that the court would not necessarily abide by the terms but would instead be guided by the regular principles that govern divorce in New Jersey, such as equitable distribution.
For a prenup to be valid, both parties would have had to have signed the agreement willingly and without coercion. To do so, each potential spouse must fully disclose their financial situations and lay out all of their assets and liabilities. Failing to do so could render the agreement unenforceable later on. A knowledgeable New Jersey divorce attorney can ensure that all of the requirements of a valid prenup are met in order to prevent any conflict in a potential high-net divorce. Notably, one of the requirements for enforcing a prenuptial agreement is the parties each having independent legal counsel or waiving their right to one in writing.