Bill Text: NJ S2151 | 2012-2013 | Regular Session | Chaptered

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Bill Title: Strengthens enforceability of premarital and pre-civil union agreements.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2013-06-27 - Approved P.L.2013, c.72. [S2151 Detail]

Download: New_Jersey-2012-S2151-Chaptered.html

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§3 - Note

 

P.L.2013, CHAPTER 72, approved June 27, 2013

Senate, No. 2151 (First Reprint)

 

 

An Act concerning premarital and pre-civil union agreements and amending R.S.37:2-32 and R.S.37:2-38.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    R.S.37:2-32 is amended to read as follows:

     37:2-32.  As used in this article:

     a.    "Premarital or pre-civil union agreement" means an agreement between prospective spouses or partners in a civil union couple made in contemplation of marriage or a civil union and to be effective upon marriage or upon the parties establishing a civil union;

     b.    "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings;

     c.    ["Unconscionable premarital or pre-civil union agreement" means an agreement, either due to a lack of property or unemployability:

     (1)   Which would render a spouse or partner in a civil union couple without a means of reasonable support;

     (2)   Which would make a spouse or partner in a civil union couple a public charge; or

     (3)   Which would provide a standard of living far below that which was enjoyed before the marriage or civil union.] (Deleted by amendment, P.L.    , c.     (pending before the Legislature as this bill)

(cf: P.L.2006, s.103, s.27)

 

     2.    R.S.37:2-38 is amended to read as follows:

     37:2-38. Enforcement of premarital or pre-civil union agreement; generally.

     The 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:

     a.    The party executed the agreement involuntarily; or

     b.    [The agreement was unconscionable at the time enforcement was sought; or] (Deleted by amendment, P.L.    , c.     (pending before the Legislature as this bill)

     c.    [That] The agreement was unconscionable when it was executed because that party, before execution of the agreement:

     (1)   Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party;

     (2)   Did 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;

     (3)   Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or

     (4)   Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.

     d.    The 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.

(cf: P.L.2006, s.103, s.33)

 

     3.    This act shall take effect immediately and shall apply to all premarital and pre-civil union agreements ¹[which have not been the subject of an enforcement proceeding filed with a court as of] entered into on or after¹ the effective date¹, or entered into before that effective date but voluntarily revised by the parties on or after the effective date in accordance with the procedures for amending agreements set forth in R.S.37:2-37¹.

 

 

                                

 

     Strengthens enforceability of premarital and pre-civil union agreements.