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Category Archives: Prenuptial Agreements

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THE JEWISH PRENUP: A GLIMMER OF HOPE IN THE OTHERWISE MURKY WATERS OF GET RESOLUTION

Posted in Divorce, Interspousal Agreements, Practice Issues, Prenuptial Agreements

Yesterday, I posted about the struggles of Gital Dodelson, a 25 year old New Jersey resident who is fighting to obtain a Get – the bill which the husband gives to the wife in order to free her to marry again. Therein, I noted that remedies under New Jersey law are limited, at best, when… Continue Reading

THE GRAY DIVORCE: BABY BOOMERS FLOCKING TO DIVORCE COURT IN DROVES

Posted in Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Resources

Baby Boomers have always been trendsetters.  They were the first generation to rock out to bands such as the Beatles and they were the generation that was on the front lines of the feminist and civil rights movements.  Baby Boomers are culturally associated with rejection and redefinition of traditional values. And holding true to their… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

Pre-Nup Reform is Here

Posted in Prenuptial Agreements

Back in October, I blogged about the potential amendments to the New Jersey’s Premarital Agreement Act.  As of June 27, 2013, the proposed bill is now new law. Prenuptial Agreements are meant to fix parties rights and responsibilities in advance, so as to avoid litigation and aggravation in the future.  In fact, right up front… Continue Reading

Coerced Prenuptial Agreement Set Aside

Posted in Prenuptial Agreements

How many prenuptial agreements have language in them that the parties are entering into the agreement free from duress, coercion, undue influence, etc?  The answer is all of them.  Some even ask people to waive fraud – how you can do that I don’t know because if you knew you were being defrauded, you probably wouldn’t… Continue Reading

Rogers v. Gordon – The Next Chapter – This Time Counsel Fees

Posted in Alimony, Prenuptial Agreements

We previously blogged on the Appellate Division’s notable decision in Rogers v. Gordon, which addressed the legal standard applicable to prenuptial agreements signed prior to New Jersey’s enactment of the Uniform Premarital Agreement statute.  There, the Appellate Division reversed a trial court Order to the extent that it set aside the entire prenup, since, as to… Continue Reading

PRENUPTIAL AGREEMENTS PRE-DATING THE UNIFORM PREMARITAL AGREEMENT ACT – A DIFFERENT STANDARD FOR ENFORCEMENT

Posted in Prenuptial Agreements

Are prenuptial agreements entered into before the enactment in 1988 of the Uniform Premarital Agreement Act in New Jersey in New Jersey analyzed for enforceability under the standards set forth in the Act? The simple answer is no, since the standard for determining the enforceability was established by earlier cases addresses addressing the issue.  There is… Continue Reading

THE SEASON OF ENGAGEMENT – SHOULD IT LEAD TO THE SEASON OF PRENUPS?

Posted in Divorce, Prenuptial Agreements

What is it about this time of year? I’ve been told that the holidays are the most popular time of year for couples to get engaged. While this a special time for the engaged couple, it is also a time when some couples should consider a prenuptial agreement or premarital contract. A prenuptial agreement is a contract between… Continue Reading

DIVORCE FOR THE WELL-TO-DO

Posted in Alimony, Divorce, Equitable Distribution, Estate and Trust Issues, Mediation/Arbitration, Prenuptial Agreements, Privacy and Confidentiality

As seen in Affluent Magazine. Divorce for those of substantial wealth relative to those of limited wealth is an oxymoron – aspects of divorce between the two classifications are both similar and yet quite different. In final analysis, it is a question of degree – that is, the number of zeros behind the dollar signs…. Continue Reading

ANOTHER CELEBRITY DIVORCE – WONDER IF THERE WAS A PRENUP?

Posted in Practice Issues, Prenuptial Agreements

The big news this morning was Madonna and Guy Ritchie’s $92 million divorce settlement.  With such a large payout, it makes you wonder whether there was a prenuptial agreement in place (if you type that question into Google, you get differing responses), and if there was, if it was disregarded throughout the marriage.  In any… Continue Reading

THE APPELLATE DIVISION RULES ON A PRE-ACT PRENUPTUAL AGREEMENT

Posted in Alimony, Prenuptial Agreements

On December 12, 2008, the Appellate Division released a reported decision in the case of Rogers v. Gordon which addressed the enforceability of a pre-statute prenuptial agreement.  To review the full text of the case, click here.  The case is interesting because it addresses again the standards to be applied to an agreement signed before… Continue Reading

ANOTHER CELEBRITY DIVORCE – CHILD SUPPORT IN HIGH INCOME CASES – THE APPELLATE DIVISION WEIGHS IN ON THE STRAHAN MATTER

Posted in Child Support, Prenuptial Agreements

Previously I blogged about child support in cases where the combined net income exceeds the upper levels of the Child Support Guidelines.  To see that post, click here. That issue was prominent in the Appellate Division’s decision in the Strahan case which was released on August 26, 2008 as a reported decision (meaning that the case… Continue Reading