NJSBA Family Law Section

Hello colleagues,

I am seeking advice with respect to drafting a pre-nuptial agreement to be presented to a bride-to-be that does not speak English.  Would it be advisable to have the proposed agreement translated from English to Spanish, and present her with the Spanish version for review?  Anyone have an experience like this?

TIA!

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Nikki J. Davis, Esq.
The Davis Law Firm, LLC
2653 Nottingham Way
Trenton, NJ 08619
(609) 587-9100 (phone)
(609) 587-9109 (fax)
[email protected]
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Original Message------

Hello colleagues,

I am seeking advice with respect to drafting a pre-nuptial agreement to be presented to a bride-to-be that does not speak English.  Would it be advisable to have the proposed agreement translated from English to Spanish, and present her with the Spanish version for review?  Anyone have an experience like this?

TIA!

------------------------------
Nikki J. Davis, Esq.
The Davis Law Firm, LLC
2653 Nottingham Way
Trenton, NJ 08619
(609) 587-9100 (phone)
(609) 587-9109 (fax)
[email protected]
------------------------------

Original Message------

Yes, get it translated and have an interpreter with her at the signing, unless her attorney speaks Spanish.  I have done this before several times and in my view, a pre-nup or at least the process could be deemed unconscionable at the time of the execution if there is any doubt as to a party's ability to understand each and every term and her rights.

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Debra E. Guston, Esq., C.A.E.
Guston & Guston, L.L.P.
55 Harristown Road, Suite 106
Glen Rock NJ 07452
(201) 447-6660
Fax (201) 447-3831
www.gustonlaw.com

Of Counsel, Argentino Family Law & Child Advocacy, L.L.C.

Past President, 
Academy of Adoption & Assisted Reproduction Attorneys


       ANGEL IN ADOPTION RECIPIENT 2017

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Original Message------

Doesn't she have a Spanish speaking attorney?

ccs

Original Message------

Yes, she will have a Spanish-speaking attorney. Does that mean I can dispense with the need to have the agreement translated?

Original Message------

Isn't the language issue his/her problem? I'd put language in the agreement that fully explained the language issue and his/her responsibility.

Putting text into another language could create other issues. Which document is the Prenup?

ccs

Original Message------

I agree with Deb. Give it to her attorney in both English and Spanish.

 

Pamela M. Copeland, Esq.

Certified Matrimonial Attorney

Divorce and Family Mediator

Collaborative Professional

775 Mountain Blvd., Suite 208

Watchung, NJ 07069

[email protected]

www.CopelandLawNJ.com

908-561-6800

908-561-6801 (fax)

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