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Bills Don’t Lie – NJ Appellate Division Affirms Enforceability of Amply Negotiated 1992 Pre-Nuptial Agreement
The sexy and gorgeous Columbian songstress Shakira once sang, amidst commentary from animated rapper Wyclef Jean, that “Hips Don’t Lie”. Apparently, legal bills don’t either.
In the recent matter of Guido v. Guido, Docket 20-2-5072, the NJ Appellate Division upheld a trial Court’s order declaring a 1992 pre-nuptial Agreement enforceable, apparently to the detriment of the shafted Appellant Wife.
The Agreement was signed just nine days shy of the exchanging of vows. At said time, the Wife was a 23 years young college grad. The Husband, five years senior his betrothed, had recently graduated law school. Having lucked out in terms of financial genetics, the Husband earned his keep in the family business.
The Husband also lucked out in this decision. During the course of discovery, it was revealed that, not only did the Wife have counsel during the time the Agreement was being negotiated, said counsel had numerous telephone conferences with the Husband’s counsel – all of which conversations were documented in the Husband’s attorney’s invoices.
Given the invoices, the trial Court held that the Wife failed to establish by way of clear and convincing evidence that she entered into the Agreement in the absence of a full and fair disclosure.
The standard for overcoming agreements negotiated amongst competent counsel is high. Should you wish to discuss a cohabitation, pre-nuptial, post-nuptial or other Agreement, please do not hesitate to give Stutzke Law, LLC a ring. Telephonically, that is.
The Stutzke Law philosophy is that trust is the bedrock of all successful attorney-client relationships. At The offices of Stutzke Law your problems become our problems. We understand that losing a business, job or a marriage is quite possibly one of the most devastating and demanding times in a person's life. To that end, we strive to be sensitive to the financial and emotional needs of each and every one of our clients. We are more than prepared to see you through these tough times as not only a counselor but as a close friend. Working from a framework of mutual trust, communication, and cooperation, it is our prerogative to handle your case in a responsive, thorough and dedicated manner from start to finish.
