Case Overview
A business-owner client entering divorce after 12 years of marriage faced a challenge to the prenup by the spouse, who argued duress at signing, lack of independent counsel, and incomplete financial disclosure.
Legal Issues
New Jersey’s Uniform Premarital Agreement Act (N.J.S.A. 37:2-31 to 41) requires (1) voluntary execution, (2) fairness at the time of signing, and (3) no unconscionability at enforcement. Under Marschall v. Marschall, independent legal counsel is central.
Song Law Firm’s Strategy
- Produced emails and billing records showing the spouse had at least three consultations with a separate divorce attorney before signing
- Recovered the original financial disclosure schedule with countersigned acknowledgment page
- Assembled a six-week draft-exchange timeline demonstrating adequate review period — defeating duress
- Rebutted unconscionability by showing spouse retained a distinct professional career and built substantial assets over 12 years
Outcome
NJ Family Part upheld the prenup in full. Premarital business equity, real estate, and investment accounts were excluded from equitable distribution; the spouse’s spousal support claim was dismissed under the contractual waiver.
Practice Takeaways
- At execution, preserve written proof of independent counsel
- Attach full financial disclosure as a schedule and reference it on the signature page
- Exchange drafts at least four to six weeks before signing to defeat duress claims
This case is an illustrative composite reconstructed from anonymized facts across multiple matters. Individual outcomes depend on facts and applicable jurisdiction; please consult a qualified attorney. NJ RPC 7.1. Prior results do not guarantee similar outcomes.
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