{"data":{"id":"us-nj/n.j.-stat.-37-2-38","jurisdiction":"us-nj","citation":"N.J. Stat. § 37:2-38","heading":"Enforcement of premarital or pre-civil union agreement; generally.","body":"Enforcement of premarital or pre-civil union agreement; generally.\nThe burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable.  A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that:\na.\tThe party executed the agreement involuntarily; or\nb.\t(Deleted by amendment, P.L.2013, c.72)\nc.\tThe agreement was unconscionable when it was executed because that party, before execution of the agreement:\n(1)\tWas not provided full and fair disclosure of the earnings, property and financial obligations of the other party;\n(2)\tDid not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;\n(3)\tDid not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or\n(4)\tDid not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.\nd.\tThe issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable.\namended 2006, c.103, s.33; 2013, c.72, s.2.","path":["TITLE 37 MARRIAGES AND MARRIED PERSONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"aff415748ff911b9a8974a49b46116d32981fdc3334fcd54915b7fb9e930cc16","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-37-2-37","next":"us-nj/n.j.-stat.-37-2-39"},"notice":"GroundRules: Original legal text. Not legal advice."}