I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any other reason, the prenup never gets done. Some I have seen signed just after the
If the Enforceability of a Prenuptial Agreement is at Issue, Courts Shouldn’t Wait to Deal With It
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and responsibilities in the event of death or divorce. Typically, a prenuptial agreement has
New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there is evidence that the purchase is a joint venture, even if they do not have a writing as required by the 2010 amendment regarding palimony
Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.”
In Steffens, the Wife sought to set aside a prenuptial agreement, arguing that it was unconscionable, in large part because the alimony payments she was to receive under the agreement would not allow her to maintain
Who Has the Burden of Proving the Premarital Value of a Business?
We often deal with cases in which one or both spouses own a business. In many of those cases, a spouse received their interest in a business prior to the marriage, either from a family member, or otherwise. With regard to premarital assets and/or any other assets that a party claims is exempt, that party
Thanksgiving Top 5 List
It’s the Thursday before Thanksgiving and you’re getting divorced… tough as it may sound, it’s important to put down your pad and pen, eat some Turkey (tofurkey works, too) and remember what you have to be thankful for. Here’s a Top 5 for a little chuckle:
- You will get divorced… For some that day may
What Do You Mean You Are Enforcing That Prenup That We Tore Up?!?
It is not uncommon for parents of a person that is getting married to demand that their child get a prenuptial agreement to protect the family business, trusts or other assets. While common, these can be difficult agreements to draft because the couple that is marrying appear to be aligned, and often will agree to
THE JEWISH PRENUP: A GLIMMER OF HOPE IN THE OTHERWISE MURKY WATERS OF GET RESOLUTION
THE GRAY DIVORCE: BABY BOOMERS FLOCKING TO DIVORCE COURT IN DROVES
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
THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR
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.