In a Decision – LBvHB - (an "Unreported Decision") >>
the Court Held:
The Appellate Division ordered a Hearing. At the time of the Divorce the Marital Agreement was prepared by the other spouse’s lawyer, the party was not represented by a lawyer, the party was suffering from maladies and substance dependence. The party waived alimony provided for $1.00 in child support without reference to Child Support Guidelines, provided for limited equitable distribution and gave up physical custody. The party did not know of the other spouse’s significant income. The party sought to vacate the Marital Agreement.
The Appellate Division accepted that the one (1) year later argument of the Wife that the Marital Agreement could be rejected and determined that the party was entitled to discovery and a plenary hearing. The Appellate Division concluded that the party raised material contentions that, if established, could warrant vacating the Marital Agreement.