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 Results for ("N.J.S.A. 37:2-38")   1 to 15 of 15 results. Run time: 0.681 seconds | Search time: 0.674 seconds    
1 IN THE MATTER OF THE ESTATE OF EDWARD H. SHINN, IV -- rank: 1000
... unenforceable by N.J.S.A. 3B:8-10 and N.J.S.A. 37:2-38. Because "equity follows the law," the doctrine of equitable estoppel ... be determined by the court as a matter of law. [ N.J.S.A. 37:2-38.] In considering the application of these statutes, the trial judge ... Stacey and Edward. In examining this point, we observe that N.J.S.A. 37:2-38 provides greater detail than N.J.S.A. 3B:8 ... N.J. 357 (2004). This approach is particularly apt since N.J.S.A. 37:2-38 was enacted after N.J.S.A. 3B:8-10 ... forth in N.J.S.A. 3B:8-10 or N.J.S.A. 37:2-38, by applying the familiar standard that findings of fact should ... requirements of N.J.S.A. 3B:8-10 and N.J.S.A. 37:2-38, and correctly applied those requirements to the facts as ...
docket: A3819-05
court: NJ Superior Court Appellate Division
decided: 2007-06-20
status: published
citation: 394 N.J. Super. 55 925 A.2d 88
Document Size: 87975
2 CHRISTOPHER GUIDO v. CHRISTINA GUIDO -- rank: 877
... UNIFORM PREMARITAL AND PRE-CIVIL UNION AGREEMENT ACT OF 1988 ( N.J.S.A. 37:2-38 ET. SEQ.). POINT II THE TRIAL COURT ERRED IN FINDING ... IS NOT UNCONSCIONABLE AT [THE] TIME OF ENFORCEMENT PURSUANT TO N.J.S.A. 37:2-38(b) AND (c) AND THEREFORE FINDING IT ENFORCEABLE. POINT III ... THE PRENUPTIAL AND PRE-CIVIL UNION AGREEMENT ACT OF 1988 [(] N.J.S.A. 37:2-38(9) [)] 1 [SIC], IT IS UNENFORCEABLE. POINT V APPEAL, REVERSAL ... J. Super. 16 , 29-31 (Ch. Div. 1984)). Pursuant to N.J.S.A. 37:2-38, the party seeking to invalidate a premarital agreement must prove ... set out in subsection c. of this section are applicable. [ N.J.S.A. 37:2-38] The court in Marschall 2 defines an unconscionable agreement as ... such intervention. Affirmed. 1 There is no subsection (9) in N.J.S.A. 37:2-38. 2 The trial court and the court in Marschall ...
docket: a6039-12
court: NJ Superior Court Appellate Division
decided: 2014-08-27
status: unpublished
citation:
Document Size: 47686
3 IN THE MATTER OF THE ESTATE OF JAMES J GILLETTE -- rank: 860
... bears the burden of proof to set aside the Agreement. N.J.S.A. 37:2-38. A prenuptial agreement is unenforceable if the party seeking to ... be determined by the court as a matter of law. [N.J.S.A. 37:2-38.] We have previously held 'that there is no material distinction ... fair disclosure of the earnings, property and financial obligations' under N.J.S.A. 37:2-38(c)(1) and the requirement of 'fair disclosure' under N ... of either N.J.S.A. 3B:8-10 or N.J.S.A. 37:2-38, 'by applying the familiar standard that findings of fact should ... trial court accurately interpreted and correctly applied the requirements of N.J.S.A. 37:2-38. The motion record supports the A-3739-18T4 16 court ... that the Agreement was enforceable because it met the requirements N.J.S.A. 37:2-38 and, in turn, N.J.S.A. 3B:8- ...
docket: a3739-18
court: NJ Superior Court Appellate Division
decided: 2020-05-11
status: Unpublished
citation:
Document Size: 38814
4 HUNY BH ASSOCIATES, INC v. AVI SILBERBERG -- rank: 830
Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...
docket: a1696-17
court: NJ Superior Court Appellate Division
decided: 2021-12-27
status: Unpublished
citation:
Document Size: 148288
5 IN THE MATTER OF THE ESTATE OF ANTHONY GIORDANO, DECEASED. -- rank: 823
... and liabilities at the time of execution as required by N.J.S.A. 37:2-38(C)(1), in addition to Plaintiff’s supposed lack of ... on account of English being Plaintiff’s second language. 4 N.J.S.A. 37:2-38 provides, in pertinent part: The burden of proof to set ... the earnings, property and financial obligations of the other party. N.J.S.A. 37:2-38, et seq. Here, there clearly exists genuine issue of material ... the appellate division in Shinn was not the applicability of N.J.S.A. 37:2-38 to the underlying circumstances before that court, but rather the ... 5 Nevertheless, many key facts surrounding the brief interpretation of N.J.S.A. 37:2-38 in Shinn are also distinguishable from the matter before this ... full and fair disclosure” of Decedent’s assets pursuant to N.J.S.A. 37:2-38. The parties must further inquire and present to the ...
docket: p-085-18
court:
decided: 2019-06-10
status:
citation:
Document Size: 22098
6 LILLIAN DOBRE v. NIKSA DOBRE -- rank: 784
... N.J. Super. 213, 219 (App. Div. 2008). Pursuant to N.J.S.A. 37:2-38, the party seeking to invalidate a prenuptial agreement must prove ... party executed the agreement involuntarily,' or the agreement is unconscionable. N.J.S.A. 37:2-38(c) also provides that an agreement is unconscionable if, before ... in writing, the opportunity to consult with independent legal counsel.' N.J.S.A. 37:2-38(c)(4). Regarding this issue, Akst's testimony provided compelling ... earnings, property and financial obligations' of plaintiff, as mandated by N.J.S.A. 37:2-38(c)(1). See also Ladenheim v. Klein, 330 N.J ... absence of both full disclosure and independent legal counsel. See N.J.S.A. 37:2-38(c). B. Equitable Distribution of Gifts Received During Marriage Plaintiff ...
docket: a1315-15
court: NJ Superior Court Appellate Division
decided: 2018-04-20
status: unpublished
citation:
Document Size: 102790
7 Kathleen M. Moynihan v. Edward J. Lynch -- rank: 770
... the 32 opportunity to consult with independent legal counsel.” N.J.S.A. 37:2- 38(c)(4). In a myriad of other settings, parties remain ...
docket: a-64-20
court: NJ Supreme Court
decided: 2022-03-08
status:
citation:
Document Size: 81375
8 ALMA PAPETTI v. ARTHUR J. PAPETTI -- rank: 740
... and enforced an antenuptial agreement which did not comply with N.J.S.A. 37:2-38. A-0038-22 3 II. '[W]e review the trial ... set out in subsection c. of this section are applicable. [N.J.S.A. 37:2-38.] Plaintiff argues the trial court erred by enforcing the agreement despite its non-compliance with the requirements of N.J.S.A. 37:2-38. She tracks the statute to make several points in support ... persuaded, and conclude the agreement complies with the requirements of N.J.S.A. 37:2-38. Plaintiff first argues that she did not enter into the ... counsel or waive her right to do so consistent with N.J.S.A. 37:2-38(d). Plaintiff asserts she never retained her attorney, never met ...
docket: a0038-22
court: NJ Superior Court Appellate Division
decided: 2024-03-07
status: Unpublished
citation:
Document Size: 21217
9 LISA D. STEFFENS v. ROBERT S. STEFFENS -- rank: 704
... N.J. Super. 213, 219 (App. Div. 2008). Pursuant to N.J.S.A. 37:2-38, the party seeking to invalidate a prenuptial agreement must prove ... involuntarily[,]' or the A-0192-18T1 7 agreement is unconscionable. N.J.S.A. 37:2-38(c) also provides that an agreement is unconscionable if, before ... prenuptial agreement. See N.J.S.A. 37:2-32; N.J.S.A. 37:2-38. As noted by defendant, 'the entire unconscionability analysis over which ...
docket: a0192-18
court: NJ Superior Court Appellate Division
decided: 2019-12-27
status: Unpublished
citation:
Document Size: 21873
10 Liberty Mutual Insurance Co. v. Land -- rank: 697
... requiring clear and convincing evidence under dead mans statute); N.J.S.A. 37:2-38 (requiring clear and convincing evidence before setting aside premarital agreement ...
docket: a-125-04
court: njsupreme
decided: 2006-03-14
status:
citation: *CITE_PENDING*
Document Size: 83732
11 CYNTHIA SUMMERFIELD v. CURTIS J. ROMANOWSKI -- rank: 531
... or the product of fraud or overreaching by a party. N.J.S.A. 37:2-38; Massar v. Massar , 279 N.J. Super. 89 , 93 (App ...
docket: a1889-13
court: NJ Superior Court Appellate Division
decided: 2015-06-29
status: unpublished
citation:
Document Size: 48095
12 IN THE MATTER OF THE ESTATE OF DONALD TOWBIN DECEASED -- rank: 475
... The context within which we consider Towbin's arguments is N.J.S.A. 37:2-38, which in relevant part, squarely places the burden of proof ... unconscionability of an agreement, failure to disclose and similar concerns. N.J.S.A. 37:2-38. Defendant's proofs fall far short of clear and convincing ...
docket: a0161-08
court: NJ Superior Court Appellate Division
decided: 2009-07-07
status: unpublished
citation:
Document Size: 32492
13 STEPHEN B. HAWXHURST V. PAMELA HAWXHURST -- rank: 465
... rights, or claims of the other party, including rights under N.J.S.A. 37:2-38 governs the enforceability of a premarital agreement. It provides: A ...
docket: a1312-97
court: njappellate
decided: 1998-12-29
status: published
citation: <a href=
Document Size: 43351
14 ADRIANA F. CAPAWANA v. ANTHONY CAPAWANA -- rank: 368
... ed] to comply with the statutory criteria set out in N.J.S.A. 37:2-38"; and 2) a final judgment of divorce referencing the PSA ...
docket: A0069-06
court: NJ Superior Court Appellate Division
decided: 2007-11-16
status: unpublished
citation:
Document Size: 22878
15 IN THE MATTER OF THE ESTATE OF BASABADATTA PATTANAYAK -- rank: 322
... that under N.J.S.A. 3B:8-10 and N.J.S.A. 37:2-38, 1 the pre-nuptial agreement should not have been enforced ...
docket: a4493-14
court: NJ Superior Court Appellate Division
decided: 2016-08-30
status: unpublished
citation:
Document Size: 12228
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