Legal Question in Family Law in New Jersey
Post settlement dispute
The divorce was submitted under the 5-day rule and no objections were raised. A year later they are stating that valuables from the home were inadvertently left off the agreement and they are threatening to file a motion for these items, stating that the attorney found mention of some items in his notes. These items were never agreed to in settlement. What are the chances of their winning this should it go to court?
2 Answers from Attorneys
Re: Post settlement dispute
To put the answer in high prose, they are screwed. The entire purpose of putting the agreement on the record and in writing is to record the agreement in its entirety.
They will not prevail.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Post settlement dispute
Hi,
In my opinion it will be very hard for the other side to prevail. But, without reading your Property Settlement Agreement, they would have to show some fraud, coercion, undue infulence etc. to make an argument that this was not a binding agreement.
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