Yes. In order for a prenuptial agreement to be held valid by a judge of a New Jersey Family Court, both spouses should be represented by their own attorney before entering into the agreement. Otherwise it may be deemed invalid. Under New Jersey law, prenuptial agreements have specific requirements in order for the agreement to withstand the scrutiny of a judge of the Family Part of the Superior Court of New Jersey if it were ever contested. The lawyers at our law firm located in East Brunswick, New Jersey, understand that the prenuptial agreement must contain full disclosure of all assets by both spouses, for example. Furthermore, if one spouse did not have an attorney at least review the prenuptial agreement, it may very well be vacated if a divorce occurs.
In Dobre v. Dobre, the parties met in 2003. In either 1999 or 2001, the husband came to the United States from Croatia. The husband’s first language was Serbian, but he could read and write in English so the parties were able to communicate in both languages. The husband first came to the United States under a six-month tourist visa, but then obtained a media visa. Eventually, the husband obtained a green card after marrying the wife. The parties married in 2004 and had three children born of the marriage.
The wife filed for divorce in March 2013. The wife sought child support, joint legal and physical custody of the parties’ children, and equitable distribution. The wife also sought to incorporate the parties’ prenuptial agreement into the judgment of divorce. The husband, in his answer, sought to invalidate the prenuptial agreement. The trial began in February 2015 and ended in April 2015. The Superior Court of New Jersey Family Part issued a written decision in July 2015 and entered the judgment of divorce on October 13, 2015. During the trial, the trial judge set aside the parties’ prenuptial agreement. The wife filed a motion with the court for reconsideration in August 2015, and the husband filed a cross-motion for reconsideration. On November 6, 2015, the trial judge issued an order awarding the husband’s counsel attorney’s fees. The wife then filed an appeal and the husband cross-appealed.