An article by Ronald G. Lieberman originally published in New Jersey Family Lawyer Vol. 36, No. 6/June 2016.
Recently, this author was confronted with an issue while negotiating a marital settlement agreement that dealt with the timing of the law that would apply to provisions of the agreement. The urgency of this issue was clear because with the potential for new legislation, this author felt it imperative to reach a resolution with the adversary about whether the law in effect at the time an issue arose should apply or whether the law in effect at the time the agreement was signed should apply. This issue is one that this author does not see frequently when negotiating settlement agreements, even though as practitioners we know from changes to the palimony statute, the pre-nuptial statute, the alimony statute, and recent legislation addressing a termination of child support at age 19 in a presumptive fashion that the laws can change.1
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