Are post-nuptial agreements valid in New Jersey?
In New Jersey, post-nuptial agreements are considered the same as any other contract that parties may enter into and, therefore, are presumed to be valid and enforceable. This presumption can be only overcome only if clear and convincing evidence is presented by the spouse seeking to set aside the agreement, that the agreement was not entered into voluntarily, or that there was not a full and fair disclosure of assets and liabilities. Like a prenuptial agreement, they will be evaluated under the same legal criteria applicable to contracts between individuals who stand in a confidential relationship to each other. They are also subject to the same rules of contract construction and will not be enforced if they are too vague. Consequently, the party against whom enforcement is sought must have entered into the agreement voluntarily, free of circumstances involving fraud, duress or undue influence, and the agreement must appear fair and reasonable in its face. There must be full and fair
