The majority of us have been sheltering in place for months. We have endured unprecedented stress and perhaps, even loss. As our state begins to reopen, we emerge from quarantine uncertain of what’s to come and saddled with concerns. With increased travel and mobility comes increased risk for injury. Further complicating this threat is our “new normal†where medical treatment, insurance claims and court proceedings are now far more complicated to navigate. This causes fear, doubt and frustration for those who are suffering and in need of answers.
Now, more than ever, we must rely on our experienced professionals to guide us through these unfamiliar times, while keeping succinct pace with constantly developing changes to our laws and procedures in personal injury cases.
Robert T. Morgenstern is a litigation attorney with over 40 years of experience and expertise in Personal Injury Law. He is a Certified Civil Trial Attorney by the New Jersey Supreme Court. In this past year, he earned his clients over $4.5 million dollars in compensation. His cases have included:
a. Nursing Home Neglect Death
b. Wrongful Death
c. Traumatic Brain Injury
d. Electrocution
e. Slip and Fall
f. Dog Bite
g. Tractor Accident
h. Bodily Injury
Please contact our office to arrange for a free consultation with Mr. Morgenstern by phone or with your preferred video-chat application.
Frequently Asked Questions About Pre-Nuptial Agreements
Q. What is a Pre-Nuptial Agreement?
A. A written agreement made and executed before a
couple marries outlining support and/or asset distribution in the event of
divorce or death. The agreement must be
in writing, with a statement of assets for each party attached, and it must be
signed by both parties.
Q. I’m
not wealthy, why do I need a Pre-Nuptial Agreement?
A. Even if you are
not wealthy, a Pre-Nuptial Agreement may be right for you if you have children
from a prior relationship and want to protect assets for them or if you own a
business or have an ownership interest in a family owned business. You should also consider entering a
Pre-Nuptial Agreement if you have received an inheritance or may receive an
inheritance in the future, if you have a net worth that is much higher than
your partner’s, if you support other
dependents, such as elderly parents or if you or your partner have significant
pre-marital debt.
Q. What
kind of issues should I address in a Pre-Nuptial Agreement?
A. Parties to a Pre-Nuptial Agreement may
contract with respect to:
a. The
rights and obligations of each of the parties in any of the property of either
or both of them whenever and wherever acquired or located;
b. The
right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend,
assign, create a security interest in, mortgage, encumber, dispose of, or
otherwise manage and control property;
c. The
disposition of property upon separation, marital dissolution, death, or the
occurrence or nonoccurrence of any other event;
d. The
modification or elimination of spousal support;
e. The
making of a will, trust, or other arrangement to carry out the provisions of
the agreement;
f. The
ownership rights in and disposition of the death benefit from a life insurance
policy;
g. The
choice of law governing the construction of the agreement; and
h. Any
other matter, including their personal rights and obligations, not in violation
of public policy.
Q. Can I address child support in a Pre-Nuptial
Agreement?
A. Yes, but the agreement cannot
adversely affect the right of a child to support.
Q.When does a Pre-Nuptial Agreement go
into effect?
A. The agreement becomes effective upon marriage.
Q. Can we change or terminate the
Pre-Nuptial Agreement after we get married?
A. Yes, however, the agreement may be
amended or revoked only by a written agreement signed by the parties.
Q. Can I challenge a Pre-Nuptial Agreement?
A. Yes. The party challenging the agreement has the
burden of establishing that the agreement is unenforceable. A Pre-Nuptial Agreement
shall not be enforceable if the party seeking to set aside the agreement
proves, by clear and convincing evidence, that he or she executed the agreement
involuntarily or
that the
agreement was unconscionable at the time it was executed.
Q. What makes a Pre-Nuptial Agreement “unconscionable�
A. An agreement will be found
unconscionable if a Court determines that a party:
(a) Was not provided full and
fair disclosure of the earnings, property and financial obligations of the
other party;
(b) Did not voluntarily and
expressly waive, in writing, any right to disclosure of the property or
financial obligations of the other party beyond the disclosure provided;
(c) Did not have, or
reasonably could not have had, an adequate knowledge of the property or
financial obligations of the other party; or
(d) Did not consult with
independent legal counsel and did not voluntarily and expressly waive, in
writing, the opportunity to consult with independent legal counsel.
Q. Do
both parties need a lawyer for a Pre-Nuptial Agreement?A. While not legally required, it is highly
recommended that each party have his or her own attorney. A party should not waive the right to full
disclosure of assets and liabilities and should not waive the right to have the
Pre-Nuptial Agreement reviewed by an attorney of his or her choosing.
Catherine Anne Gacquin, Esq. has become a partner in the law firm Dolan & Dolan, PA. She will continue to concentrate her practice on Family Law and related matters.
A graduate of the National University of Ireland (Galway) and Seton Hall Law School, Ms. Gacquin has been in practice for twenty-three years. She is admitted to the bar in New York and New Jersey and is a Court approved Family Law Mediator. Ms. Gacquin is a frequent volunteer for Project Self-Sufficiency and recently received a 2018 Mosaic Award for her contributions to the community. Ms. Gacquin has also volunteered for DASI and Legal Services of Northwest Jersey. Ms. Gacquin sits on the Sussex County Family Law Early Settlement Panel and has served on Blue Ribbon Panels. Originally from Ireland, Ms. Gacquin has lived and worked in Sussex County for the last thirty years. She resides in Wantage with her husband and their son.
Florence A. Hood, Sussex County’s First Female Attorney, Began Her Career at Dolan & Dolan, PA
Eleanor Roosevelt joined the female members of the Law School at New York University for afternoon tea in 1929.
Florence A. Hood was initially employed as a stenographer with Dolan & Dolan, PA in 1921. After graduating form the School of Law of New York University in 1930, she returned to Dolan & Dolan to become the first female attorney in Sussex County.
Click here to read Wayne McCabe’s informative article from the New Jersey Herald about one of Dolan & Dolan’s most illustrious alumni.
The Board on Attorney Certification was established by the Supreme Court of New Jersey in 1980 for the purpose of helping consumers find attorneys who have a recognized level of competence in particular fields of law.
Roger Thomas is the only Certified Workers Compensation Attorney and Robert Morgenstern is one of only three Certified Civil Trial Attorneys practicing in a Sussex County firm.
A certified attorney is more than just an attorney who specializes in a particular area of law. Attorneys may be designated by the Supreme Court as “certified attorneys” only if they: are able to demonstrate high levels of experience, education, knowledge and skill in a specific area of law or practice; have passed a rigorous examination; and have been recognized by their peers and judges as having sufficient skills and reputation in the designated specialty. Currently, there are five certified specialties: civil trial law, criminal trial law, matrimonial trial law, municipal court law, and workers’ compensation law. For more information, visit the Board on Attorney Certification website at https://njcourts.gov/attorneys/attcert.html .
