As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has itsContinue Reading Top 10 Divorce Trends in 2022
Is the Prenuptial Agreement Signed after the Wedding Really a Prenuptial Agreement?
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…
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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…
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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…
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Pre-Nup Reform is Here
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.
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Coerced Prenuptial Agreement Set Aside – Continued
Yesterday, I posted on on the Petrakis case in New York where a coerced and fraudulently induced prenuptial agreement was set aside. This case has been all the buzz in…
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Coerced Prenuptial Agreement Set Aside
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…
Prenuptial Agreement Reform in New Jersey Appears Likely
Is prenuptial agreement reform coming to New Jersey? It appears to be the case.
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 in many if not most prenuptial agreements there is a "Statement of Intention" as follows:
It is the intention of the parties in entering into this Agreement that in the event of the termination of the marriage by divorce or death, certain rights shall be fixed in advance. It is their intention to avoid litigation and intrusion into their professional and personal lives and the lives of their families and business associates, which would perhaps otherwise occur if this Agreement had not been entered into.
Unfortunately, unlike in many other states, where prenuptial agreements are ironclad as long as there was full disclosure and the other procedural requirements are met, that has not been the case in New Jersey. The major reason for this is that in New Jersey, aside from setting aside a prenup due to failure to follow the procedural requirements, including full disclosure, agreements can be set aside if they are deemed to be unconscionable, not only when they are entered into, but when they are to be enforced at the time of the divorce. As a result, I have heard judges say that they have never enforced a prenuptial agreement. I have heard other judges give the rationale that because you don’t know what is going to happen in the future, it is unfair to enforce the agreement against a spouse where she/he waives alimony or the equitable distribution rights. That rationale misses the point as that is the entire reason for a prenuptial agreement.…
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Rogers v. Gordon – The Next Chapter – This Time Counsel Fees
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…
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PRENUPTIAL AGREEMENTS – ONE SIZE DOESN'T FIT ALL
We have blogged frequently regarding prenuptial agreements. There is also an advice piece on our firm’s web site entitled "Considering a Prenuptial Agreement – Should My Children Have One?" …
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