Articles
Articles in the ‘Agreements’ Category
Attempt to Reopen Divorce Agreement Denied
The Appellate Division affirmed the trial court’s determination denying the former husband’s attempt to reopen the 2003 divorce agreement. The terms of settlement were not unfair and the alleged lack of mental capacity was not sustained. Bornstein v. Bornstein, New Jersey App. Div., May 23, 2012
Hearing Warranted Where Alleged PSA Entered Through Coercion
The Appellate Division found former husband was entitled to a hearing on his contention the parties’ marital settlement agreement was procured through coercion and duress on the part of the former wife who was herself an attorney and represented by counsel, whereas he was unrepresented and made various claims regarding his mental incompetency. C.L.H. v. C.B., New Jersey App. Div., February 10, 2012
Interpretation of a Marital Settlement Agreement
This case provides a good overview of the law when the court is called on to interpret provisions contained in a marital settlement agreement. The Appellate Division offers insight to balancing ambiguities with extrinsic evidence. Maoz v. Maoz, New Jersey App. Div., February 9, 2012
Setting Aside a Consent Order Reducing Alimony
When sufficient proofs evidencing possible coercion due to mental instability are presented to the trial court a litigant is entitled to a hearing as to whether an agreement was reached voluntarily or under duress. Welch v. Welch, January 12, 2012
Material Misrepresentation Affects Property Settlement Agreement
The concealment of a material marital asset through fraud resulted in reformation of the parties’ New Jersey divorce agreement. Guzman, f/k/a Bautista v. Bautista, New Jersey App. Div., June 15, 2011
