NJ Family Issues

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Archive for the ‘Agreements’ Category

A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement

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August 31, 2010 at 9:55 am

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Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact

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June 30, 2010 at 4:32 pm

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In the absence of unconscionability, fraud, or overreaching in the negotiations of a settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement

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June 23, 2010 at 6:42 pm

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Parents cannot waive their obligation to pay child support in the Property Settlement Agreement

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June 23, 2010 at 5:40 pm

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Pursuant to Islamic customs, a sum of money is paid to the wife as an initial payment of sadaq or mahr by the husband or his family

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June 23, 2010 at 5:17 pm

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The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them

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June 21, 2010 at 1:29 pm

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Where the parties’ JOD or property settlement agreement omits an essential term, the court may supply a term which is reasonable in the circumstances

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June 3, 2010 at 11:46 am

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In determining whether and to what extent a modification of a PSA is appropriate, the trial court may consider whether any of the equitable distribution was intended to provide for future needs

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May 26, 2010 at 12:46 pm

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Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability

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May 14, 2010 at 1:04 pm

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Corporate principals who did not sign personally on a contract or give a personal guarantee will be personally liable only upon finding a legitimate basis for piercing the corporate veil

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May 11, 2010 at 12:14 pm

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