Prenuptial agreements as to alimony are governed by the Uniform Premarital Agreement Act, N.J.S.A. 37:2-31, et seq., which was adopted in New Jersey in 1988. Under the Act, a premarital agreement is not valid unless it is in writing, with a statement of assets attached to it, and is signed by both parties. N.J.S.A. 37:2-33. The law does not say much about what may or must be in a prenuptial agreement, but it expresses some rules about what may not be in such an agreement. For example, the Act specifically classifies as "unconscionable" any agreement which would render a spouse without a means of reasonable support, N.J.S.A. 37:2-32(c)(1), which would make a spouse a public charge, N.J.S.A. 37:2-32(c)(2), or which would provide a standard of living far below that which was enjoyed before the marriage, N.J.S.A. 37:2-32(C)(3). The statute also expressly prohibits any agreement which adversely affects the rights of a child to support. N.J.S.A. 37:2-35.
The Uniform Premarital Agreement Act broadly permits parties to enter into a contract for a wide variety of purpose ranging, for example, from the creation, transfer, and assignment of property rights, to the making of a will or a trust, and the disposition of life insurance policies. The Act specifically includes the right to enter into an agreement for the modification or elimination of spousal support. N.J.S.A. 37:2-34(d). Any other kind of agreement is permissible provided that it does not violate public policy. N.J.S.A. 37:2-34(h).
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