New Jersey Family Law

SUMMIT UNION COUNTY NEW JERSEY DIVORCE PRENUP POSTNUP MEDIATION

Media reports are roiling around the Tiger Woods prenuptial agreement and the alleged "modification" supposedly being made in the aftermath of claimed serial infidelities. Assume a modified prenup is executed. Assume further an eventual divorce between the parties and a legal challenge to the validity of this "postnup". Query : does schtuppage surplusage constitute valid contractual consideration?   Daily Finance, December 3, 2009

FORT LEE BERGEN COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

Before they were married, they signed a New Jersey prenuptial agreement. He died 5 years later. After his death, she tried to have the prenuptial agreement voided. The trial judge denied this attempt. The Appellate Division affirms this decision, emphasizing (a) the parties were represented by separate and independent counsel, (b) the agreement was reached with prior discovery and (c) there were tax returns and schedules of assets/liabilities annexed. In Re Estate of Towbin, New Jersey App. Div., July 31, 2009

MONTCLAIR PRENUPTIAL AGREEMENT ESSEX COUNTY MEDIATION LAWYER DIVORCE

They entered into a prenuptial agreement. 15 years later, they were getting divorced. But because they were no longer in New Jersey and were residing in Bermuda, where the bulk of the assets were located, the New Jersey divorce judge dismissed the case for lack of jurisdiction.     Wheaton v. Wheaton, New Jersey App. Div., July 2, 2009

　

MORRISTOWN MORRIS COUNTY NEW JERSEY PRENUPTIAL MEDIATIOR ATTORNEY

The parties entered into a prenuptial agreement prior to their 1981 marriage. In 1988, the Legislature adopted the Uniform Pre-Marital Agreement Act [ N.J.S.A. 37:2-31 to -41]. The agreement was governed by pre-act case law articulated in D'Onofrio v. D'Onofrio, 200 N.J. Super. 361, 366 (App. Div. 1985), and Marschall v. Marschall, 195 N.J. Super. 16 (Ch. Div. 1984). Those cases held prenuptial agreements are valid and enforceable under certain conditions, but subject to modification at the time of enforcement if the spouse sought to be bound by the agreement will suffer a substantial diminution in his standard of living after the divorce. Here, after lengthy evidentiary hearings, the trial court declared the entire agreement unenforceable and determined that defendant was entitled to seek equitable distribution and alimony. However, the trial court's decision is modified to allow defendant to seek alimony if and when he demonstrates substantially changed circumstances under the standard articulated in Lepis v. Lepis, 83 N.J. 139 (1980). The remainder of the agreement remains in full force and effect.    Rogers v. Gordon, New Jersey App. Div., January 5, 2009

TEANECK BERGEN COUNTY NEW JERSEY PRENUPTIAL MEDIATION

Media magnate Sumner Redstone has filed for divorce from his wife of 5 years, Paula Fortunato, citing irreconcilable differences.  The split comes as the 85-year-old chairman of Viacom Inc. and CBS Corp. faces financial difficulties. His family-owned holding company, National Amusements Inc., is scrambling to restructure $1.6 billion in debt after it violated the covenants of its bank agreements.  A prenuptial agreement signed by Fortunato before she married Redstone in April 2003 stipulates that she receive at least $5 million, or $1 million for each year of their union.  Los Angeles Times, October 24, 2008

SPRINGFIELD NEW JERSEY DIVORCE ATTORNEY

Did the prenuptial agreement exempt certain Ivory Coast real estate from New Jersey equitable distribution? Or was this property immune from equitable distribution because it was acquired before the marriage? Was the child support amount excessive, because the father, although an attorney in the Ivory Coast, he cannot practice law in the United States and has limited income? All three of these questions were answered in the negative by the New Jersey divorce judge, and are now affirmed on appeal. Doumbia v. Doumbia, New Jersey App. Div., September 24, 2008

TENAFLY BERGEN COUNTY NEW JERSEY DIVORCE PRENUPTIAL ATTORNEY

In a survey of 1,000 women, 20% wanted their bridesmaids to sign a contract for bridesmaid duties. A bridesmaid prenup includes stipulations the bridesmaid will not make any radical changes in appearance. These changes include haircuts, weight gain, and pregnancy. Half said they would axe an attendant that violated the terms of their deal. "Uh, Becky, I hate to do this but I've noticed that you've gained a little weight. I need to know that you're going to lose that weight?  And it's fine if you don't want to do it. You're a doll, thanks for being so understanding." And what would a groomsman contract entail? "I swear not to tell your family about the bachelor party. I swear not to hit on your sister. I swear not to throw up in front of your parents."   You and Your Wedding, June 12, 2008

SECAUCUS NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION LAWYER PRENUPTIAL AGREEMENT

The parties entered into a New Jersey prenuptial agreement. However, because it did not contain a monetary value for the assets listed, the New Jersey divorce judge held it was void as a matter of law. The parties then negotiated a New Jersey divorce agreement, which was placed on the record, with both testifying that they understood and voluntarily agreed to its terms. It was "clear" from the record that the ex-husband understood the terms of the agreement and he voluntarily agreed to them. Therefore, his appeal was dismissed as moot.    Capawana v. Capawana, New Jersey App. Div., December 6, 2007

HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY WEDDING CONTRACTS

The bride sought an order directing defendant owner to perform its contractual obligation arising out of an agreement to hold her wedding at defendant's penthouse. Defendant alleged it was entitled to cancel the contract as the use of the premises for a wedding violated zoning regulations. The court stated violation of a statute did not necessarily render an agreement unenforceable. Defendant was aware the use of the premises for the purposes of a wedding may violate zoning regulations, yet this knowledge did not prevent it from entering into a contract with plaintiff. The court found the alleged violation was malum prohibitum, not malum in se, thus found the contract enforceable. Specific performance was appropriate when money damages would be inadequate, and would not impose a disproportionate burden on the breaching party. Hence, the court granted plaintiff's motion directing defendant to perform its agreement with plaintiff under the contract.    Barry v. Dandy LLC, New York County; September 5, 2007

ALPINE DIVORCE ATTORNEY

The New Jersey divorce judgment provided that the ex-husband's savings plan be subject to equitable distribution, despite a provision in the parties' New Jersey prenuptial agreement to the contrary. The New Jersey divorce judge found that increased contributions to the savings plan during the marriage were not foreseeable at the time the prenup agreement was signed, thereby rendering the section at issue unenforceable. The judge also justifiably ordered the ex-husband to pay plaintiff rehabilitative alimony for three years while she completed her college degree, which would allow her to earn the income necessary to maintain the marital lifestyle.  Pattison v. Pattison, Jr., New Jersey App. Div., April 6, 2007