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Uniform Premarital and Pre-Civil Union Agreement Act.

37:2-31Short title.
/37:2-31 This article shall be known and may be cited as the Uniform Premarital and Pre-Civil Union Agreement Act. Source: New.

/L.1988, c.99, amended 2006, s.103, s.26.

37:2-32 Definitions.

/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./(Deleted by amendment, P.L.2013, c.72).

/amended 2006, c.103, s.27; 2013, c.72, s.1.

37:2-33 Formalties; consideration.

/37:2-33. Formalities; consideration.

/A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration.

37:2-34 Contents of premarital or pre-civil union agreement.

/37:2-34. Contents of premarital or pre-civil union agreement.

/Parties to a premarital or pre-civil union agreement may contract with respect to:

/a./The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

/b./The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

/c./The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;

/d./The modification or elimination of spousal or one partner in a civil union couple support;

/e./The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

/f./The ownership rights in and disposition of the death benefit from a life insurance policy;

/g./The choice of law governing the construction of the agreement; and

/h./Any other matter, including their personal rights and obligations, not in violation of public policy.

/L.1988, c.99; amended 2006, s.103, s.29.

37:2-35 Premarital or pre-civil union agreement not to adversely affect right of child support.

/37:2-35. Premarital or pre-civil union agreement not to adversely affect right of child support.

/A premarital or pre-civil union agreement shall not adversely affect the right of a child to support.

/L.1988, c.99; amended 2006, s.103, s.30.

37:2-36 When premarital or pre-civil union agreement becomes effective.

/37:2-36. When premarital or pre-civil union agreement becomes effective.

/A premarital or pre-civil union agreement becomes effective upon marriage of the parties or upon the parties establishing a civil union.

37:2-37 Amendment or revocation of premarital or pre-civil union agreement.

/37:2-37. Amendment or revocation of premarital or pre-civil union agreement.

/After marriage of the parties or the parties establishing a civil union, a premarital or pre-civil union agreement may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration.

/L.1988, c.99; amended 2006, s.103, s.32.

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

/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./(Deleted by amendment, P.L.2013, c.72)

/c./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.

/amended 2006, c.103, s.33; 2013, c.72, s.2.

37:2-39 Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void.

/37:2-39. Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void.

/If a marriage or civil union is determined to be void, an agreement that would otherwise have been a premarital or pre-civil union agreement is enforceable only to the extent necessary to avoid an inequitable result.

37:2-40 Construction of article.7:2-40. Construction of article.


/a./This article shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting the Uniform Premarital Agreement Act.

/b./This article shall be construed to apply to pre-civil union agreements executed on and after the effective date of P.L.2006, c.103 (C.37:1-28 et al.).

/L.1988, c.99; amended 2006, s.103, s.35.

37:2-41 Application of article.

/37:2-41. Application of article.

/This article shall apply to premarital agreements executed on and after its effective date.

/This article as amended by P.L.2006, c.103 (C.37:1-28 et al.) shall apply to pre-civil union agreements executed on and after the effective date of P.L.2006, c.103 (C.37:1-28 et al.).


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Kenneth Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week for litigation and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

He is chair of the Elder Law Committee of the American Bar Association General Practice Division. He is also Editor of the ABA Estate Planning Probate Committee Newsletter and also the Criminal Law Committee newsletter. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. And past Winner "General Practice Attorney of the Year" from the NJ State Bar Association. He is a 22 year active member of the American Bar Association. He is also a member of the ABA Real Property, Probate & Trust Section.

He established the NJlaws website which includes many articles on Elder Law. Mr. Vercammen received his B.S., cum laude, from the University of Scranton and his J.D. from Widener/Delaware Law School, where he was the Case Note Editor of the Delaware Law Forum, a member of the Law Review and the winner of the Delaware Trial Competition.

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE

Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
Elder Law and Estate Planning- American Bar Association Miami 2007
Elder Law Practice, New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need American Bar Association Hawaii 2006
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Halls Corner 2002;
Linden AARP 2002
Woodbridge Adult School -Wills and Estate Administration -2001, 2000, 1999, 1998, 1997, 1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005

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