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Letters and Commentary

Written by The Two River Times. Posted in Letters & Commentary

LETTER-TRMOMENT9.14

Published on September 14, 2012 with 4 Comments

Proposed Change to Prenuptial Agreement Law: ‘Unquestionably Unconscionable’

To the Editor:

On Aug. 20, 2012, the New Jersey Senate approved S-2151, a bill designed to strengthen the enforcement of premarital and pre-civil union (hereinafter prenuptial) agreements. The bill allows for the enforcement of prenuptial agreements (even if these agreements become

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4 Comments

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  1. Perhaps John Paone needs to go to http://www.njalimonyreform.org and read stories of the men and women that are being treated unfair by the NJ Family Law system! There are fathers going to jail because they cannot afford to pay more than they make, due to job loss, retirment, and disablity. Folks out their don’t realize that the states in this country get funds from the federal government for every penny judges enforce the “bread winners” to pay their ex-spouses. So NJ lawyers and judges currently promote and enforce alimony! It’s more money in their pockets! Don’t fool yourselves people, these lawyers do not care about your life – only their bank accounts!

  2. I am pleased to learn that the NJ legislature is proposing enforcement and strengthening of NJ pre-nuptial agreements. I am a member of New Jersey Alimony Reform and am working with a group of committed individuals that want to bring fairness into alimony reform in NJ. Strengthening pre-nuptial agreements is a beginning along the same continuum. I have found that, after the dissolution of a 25 years marriage, I can sing Tina Turner’s song “What’s love got to do with it?” I strongly do not believe that the end of a marriage should permit a get rich quick scheme. The division of assets accrued during the duration of the marriage is fair, as is a limited duration of alimony to assist the spouse with lesser income to get back on their feet. I strongly urge that all individuals who are entering into marriage consider a pre-nuptual agreement. After all, isn’t marriage supposed to be about love, NOT money.

  3. If NJ family Courts really functioned as a court of equity there would not be an alimony reform movement (www.njalimonyreform.org), there would not be a bill to strengthen prenuptial agreements, and there would not have been a law enacted in 2011 the restricted palimony.

    The fact is that decisions of this court over many decades based on unlimited judicial discretion over people’s lives coupled with complete immunity of family court judges has turned this institution into a court of bias (not equity). Unless courts are perceived by the people they serve as fair and just the courts will have undermined their legitimacy and will continue to draw efforts to curb their discretion.

    The courts are only one branch of our government system charged with interpreting law. However, they often behave as if they are the only government by writing laws as well as interpreting them. Imagine this, in NJ prenuptial contracts are routinely overturned. The perception is that no prenuptial agreement is safe.

    After divorce the family courts apply their version of equitable. They allow capable people to walk away from their education and careers in favor of collecting lifetime alimony. On the other side they burden others with lifetime support obligations that they do not modify even under dire circumstances and when a hard working individual wishes to retire.

    What we are observing in the legislature is a backlash after more than 40 years of nearly unrestrained practice in NJ family Courts. An effort to reign in the court and tell them what the people think is equitable.

  4. Mr Paone, With due respect, there are many people who have a different opinion about the family courts being ” a court of equity”. Just ask any of the alimony payes who have been sent into bankruptcy or have been jailed when outrageous payments ordered by the court cannot be met. It seems to me that the bill proposed would protect the persons who entered into the contact because they wanted “a contract”. NOT the opinion of a Judge who doesn’t care whatsoever about the people involved. Family court orders have RUINED the lives of many men and women in NJ.

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