Litigating cases involving a prenuptial agreement can be frustrating at times. When prenups are done right, there is proper disclosure, both parties have counsel or acknowledge that they had a right to counsel, there is sufficient time, there is a waiver of seeking further disclosure, and the terms are not unconscionable, notwithstanding the fact that someone might be giving up rights upon death or divorce that they would otherwise have had but for the prenup (that’s exactly why there are prenups.) However, when it comes time for the divorce, despite the fact that the prenup was done right, t ..read more

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 be soon and for others not soon at all, but whenever the day is, it will come! For those with children (four-legged count also), regardless of how you feel about your soon to be ex, your relationship gave you the wonderful kids that you may be doing this for!  For those wi ..read more

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 a husband refuses to grant his wife a religious divorce.  Indeed, the court in Afalo v. Afalo (1996), stated that this was, in part, because to compel a Get would be judicial entanglement in religious affairs.  And that is where the Get laws in New Jersey stayed for some time. Then, in 2011, the Appel ..read more

I saw an article this morning about people who brought their digital platform to prepare prenups to the show Shark Tank.  I haven’t viewed their site and have no idea whether it is good or bad.  But haven’t we all heard tales of woe where things have gone horribly wrong because people got wills, contracts and other legal forms from a website, without the use of lawyers, much less, State specific lawyers?  A rationale given for the site was that many people, particularly millennials, may seek a way for them to negotiate directly with their partners about prenups without having to ..read more

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 wedding, with a clause that says something like “we really meant this to be done before the wedding, but didn’t get around to it, but want this agreement to be treated as if it was signed before the wedding.”  I have seen other signed weeks, months or years later with similar dis ..read more

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 provisions wherein one or both parties knowingly waive rights that they would otherwise have upon death or divorce if there was no prenup.  Put another way, a person may get no or less alimony, may get less equitable distribution, may not share in family businesses or trusts ..read more

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 (addressing support for non-married cohabitants).  In other words, there is still an equitable remedy available for unmarried couples with a joint property (exclusive of title) notwithstanding the writing requirement for palimony. It’s not often that trial court ..read more

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 the marital lifestyle.  At trial, the Court excluded evidence of the marital lifestyle.  On appeal, the Wife argued that the Court erred by excluding such evidence which, she claimed, should have been a part of the analysis when the Court de ..read more

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 must prove that the asset is truly exempt.  The inquiry doesn’t end there.  If the asset is an active asset, like a business, the other party may share in the increase in value of the business during the marriage.  Typically, the non-titled spouse will share in the i ..read more

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 terms between themselves, only for different terms to appear in the document, which are far less generous to the other party. Copyright: alexmillos / 123RF Stock Photo It would not be shocking to learn that to induce their fiance’ into signing, the person promises that they won ..read more