NJSBA Family Law Section

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  • 1.  Agreement?

    Posted 07-28-2013 09:54 AM
    Hello list mates:

    If the parties (both represented) enter into (sign and notarize) a draft PSA on their own, and then one party later reneges on grounds that the agmt is unconscionable bc they entered into the agmt without advise of counsel (they hadn't reviewed it w/ their atty prior to signing-they just reviewed and signed the draft from the other party), is there an agreement?
    Also, to what extent in the above instance can the judge review the terms of the PSA to decide its enforceability?  Any suggestions or applicable case law would be greatly appreciated. TIA

    Best,

    Eric Hannum


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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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  • 2.  RE:Agreement?

    Posted 07-28-2013 12:47 PM
    First, not having legal counsel does not equal unconscionable.
    Second, it is actually a post-nuptial agreement, if anything. Be guided by

    Pacelli v. Pacelli, 319 N.J. Super.185 (App. Div. 1999); 725 A. 2d 56; certif. denied, 161 N.J. 147, 735 A.2d 572 (1999).
    Thirdly, 2A:34-23.1 on Equitable Distribution aspects: 
    e.Any written agreement made by the parties before or during the marriage or civil union concerning an arrangement of property distribution;



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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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