Legal Question in Family Law in New Jersey
is an unwitnessed mid nuptial a binding document
I am wondering if an unwitnessed mid
nuptial document which was signed by
both parties infront of one another but
with no witness present is still considered
binding and legal if the couple ended up in
divorce court?
Thank you in advance!
3 Answers from Attorneys
Re: is an unwitnessed mid nuptial a binding document
There are two questions. Do both parties acknowledge signing the document? Does the document satisfy the Court's requirements as to identifying assets and fairness? It might be enforceable and it might not be enforceable. It is a shame that you didn't spring for professional legal services to insure the agreement is enforceable.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: is an unwitnessed mid nuptial a binding document
I agree with Mr. Moore. There are simply not enough facts in your question to give you a good answer. However, you need to keep in mind that 98% of divorces settle so I'm not sure how much you are going to be able to litigate this. If you are going through a divorce, I suggest getting an attorney ASAP.
My initial consultations are always free, so call me at 732/247/3340 to discuss your situation.
Re: is an unwitnessed mid nuptial a binding document
Midmarriage agreements are disfavored in the law. It of course depends on the facts.
Your attorney will be better able to advise you once you have provided all the facts.