New Jersey § 37:2-38
Full text of New Jersey New Jersey Statutes § 37:2-38, with citation guidance and answers to common questions.
§ 37:2-38.
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.
Frequently Asked Questions About New Jersey § 37:2-38
What does New Jersey Statutes § 37:2-38 cover?
Section 37:2-38 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 37:2-38?
A common citation format is "New Jersey Statutes § 37:2-38" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 37:2-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.