NJ Family Issues

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Archive for the ‘Settlement agreement’ Category

The interpretation, application, and enforceability of divorce agreements are not governed solely by contract law

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October 3, 2013 at 4:23 pm

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Where a party makes a claim of fraud or misrepresentation, the party objecting to the judgment must establish the fact of misrepresentation or fraud and demonstrate a material misrepresentation made with intent that it be relied on, coupled with actual detrimental reliance.

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October 1, 2013 at 3:34 pm

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When parents have created an enforceable agreement as to child support, the parental obligation is not measured by legal duties otherwise imposed, but rather founded upon contractual and equitable principles

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October 1, 2013 at 9:21 am

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Where the parties agree upon the essential terms of a settlement so that the mechanics can be fleshed out in a writing to be thereafter executed, the settlement will be enforced, notwithstanding the fact that the writing does not materialize because a party later reneges

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September 21, 2013 at 4:39 pm

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If the existing support arrangement has in fact provided for the circumstances alleged as changed, it would not ordinarily be equitable and fair, to grant modification

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September 16, 2013 at 6:47 am

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Appellate courts recognize the basic contractual nature of matrimonial agreements, and grant particular leniency to agreements made in the domestic arena and allow the Family Part greater discretion when interpreting such agreements

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September 14, 2013 at 1:28 pm

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Parties may included a provision in their settlement agreements for payment of fees in the event of need for legal enforcement of the terms of settlement

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September 10, 2013 at 8:25 am

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Separation agreements

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April 21, 2013 at 3:49 pm

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When the parties and their attorneys have bargained at arm’s length and there is no showing of unfairness, the trial court should not supply terms which the parties obviously considered and yet did not adopt

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April 15, 2013 at 8:39 am

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Settlement agreements must be construed in reference to the entire agreement, not selective reference to its individual clauses

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April 15, 2013 at 8:29 am

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