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!


Asked on 12/07/06, 6:46 pm

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

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

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Answered on 12/07/06, 7:54 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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.

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Answered on 12/07/06, 10:19 pm
Barry Kozyra Kozyra & Hartz, LLC

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.

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Answered on 12/08/06, 12:09 pm


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