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MARSCHALL v. MARSCHALL

195 N.J. Super. 16 (1984)

477 A.2d 833

REBA R. MARSCHALL, PLAINTIFF, v. JOHN F. MARSCHALL, DEFENDANT.

Superior Court of New Jersey, Chancery Division Bergen County, Family Part.

Decided March 23, 1984.

Attorney(s) appearing for the Case

Arthur Rose, for plaintiff (Rose & DeFuccio, attorneys).

John B. Landers, for defendant.

LESEMANN, J.S.C.

Two cross-motions in this matrimonial case raise important issues not yet resolved in this State: the conditions under which an antenuptial (premarital) agreement defining the rights and obligations of husband and wife in the event of a divorce should be enforced, and the related issue of burden of proof, viz: whether the proponent or the opponent of the agreement must establish either the conditions of validity or the conditions of invalidity...

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