Winter/Christmas Break Law 3 Week Full Time Volunteer Internship in Law Office

 

Winter/ Christmas Break Law 3 week Full time Volunteer Internship in Law Office The Law Office of Kenneth Vercammen established a special Winter break legal internship program for 3rd & 4th year college students. Law Office Internship The Law Clerk Mentor/Internship Program is now in its 12th year. Our volunteer students have learned while working in a busy law office and dealing with real clients. Students interested in a career in law obtain experience in law office procedures, preparing legal correspondence, and assisting clients. Students will also help the Metuchen Public Defender. Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. Please post these positions. If you have any questions or suggestions, I would be glad to speak with you. Website KennethVercammen.com Information regarding our Law Office plus articles on some of the type of matters students may work on can be found on the Internet website KennethVercammen.com. Very truly yours, KENNETH VERCAMMEN, Managing Attorney LAW OFFICE WINTER/ CHRISTMAS BREAK- VOLUNTEER INTERNSHIPS EDISON, N.J. Volunteer students will have an the opportunity to work in a busy law office and work with real clients. Students interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients. 1. WORK ON   LITIGATION MATTERS      -ACCIDENT INVESTIGATION AND WITNESS CONTACTS      - EVIDENCE REVIEW      -CONTACT DEFENSE ATTORNEYS TO REQUEST DISCOVERY        2. WORK ON CRIMINAL, MUNICIPAL COURT AND PUBLIC DEFENDER CASES      - CONTACT MUNICIPAL PROSECUTOR TO OBTAIN DISCOVERY      -CONTACTS WITH COURT AND COUNTY PROSECUTOR'S OFFICE      -PREPARE DISCOVERY DEMANDS          -EVIDENCE REVIEW AND ORGANIZATION      -PREPARATION FOR TRIAL AND ATTEND HEARINGS -watch Interviews with Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses   -Make demands for Discovery on Prosecutor and review police reports -Attend hearings and learn from experienced trial attorneys   -Prepare Motions to Suppress Evidence and Motions to Compel Discovery -Conduct appropriate Legal research -Acquire skills in Criminal Law and Procedure by active participation -Participate in Public Relations activities and help organize seminars - Update Lists of Prosecutors, Judges and Attorneys for publication of     NJ Municipal Court Law Review - Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites and blogs.     3.  WILLS & PROBATE PRACTICE      - ACT AS FORMAL WITNESS TO WILLS, POWER OF ATTORNEY AND OTHER LEGAL DOCUMENTS      -PUBLICIZE WILL SEMINARS AND ATTEND PROGRAMS FREE OF CHARGE 4  -WORK ON COMMUNITY RELATIONS AND MARKETING including submitting articles to legal websites and search engines              For the Winter/ Christmas program selected interns must work 30 hours per week for 3 weeks minimum This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills. Longer hours or weeks permitted. On Tuesday night and Friday afternoon, we work on Public Defender cases. Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. You will handle a client's file and learn details on running a successful law practice. This will not be a brief-writing and photocopying clerkship. For additional information on the Law Office, please visit the website at KennethVercammen.com Mail or fax cover letter and resume. Do not email. You will help handle a client's file and learn details on running a successful law practice. We sponsor a state wide website with information on litigation, personal injury, criminal and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. Mail or fax cover letter and resume. Do not email. Kenneth Vercammen & Associates, PC 2053 Woodbridge Avenue, Edison, NJ 08817 [near Rt 287 and the NJ Turnpike] PHONE 732-572-0500 (Fax) 732-572-0030

Winter 2006 law clerks

Starting from Left to Right:

Kenneth Vercammen, Managing Attorney; John Corchado of Edison Township, Montclair State University; Brittany Lee of South Plainfield,  Drew University; F. Mendes Rutgers University; Edgar A. Febles of Perth Amboy, Montclair State University.

Jyoti Dave

Education: Thomas M. Cooley Law School, Lansing, MI
               Juris Doctorate in Law, December 2006

Activities/Honors:
APALSA
Moot Court
Alternative Dispute Resolution
Phi Delta Phi Legal Fraternity
Newsletter Chair

New Jersey Institute of Technology, Newark, NJ
               Bachelors of Science in Computer Engineering May 2003

UNLAWFUL TAKING passenger 2C:20-10d) model jury charge

UNLAWFUL TAKING OF A MEANS OF CONVEYANCE MOTOR VEHICLE PASSENGER (N.J.S.A. 2C:20-10d)model jury charge TheCount of the Indictment charges the defendant with the crime of unlawful use of a means of conveyance. (Read Indictment) The pertinent part of the statute defendant is charged with violating reads: A person commits a crime ... if he enters and rides in a motor vehicle knowing that the motor vehicle had been taken or is being operated without the consent of the owner or other person authorized to consent.[1] In order for the defendant to be found guilty of this offense, the State must prove each of the following elements beyond a reasonable doubt: 1.A motor vehicle had been taken or was being operated without the consent of the owner or other person authorized to consent. 2.The defendant entered and rode in the vehicle. 3.The defendant entered and rode in the vehicle knowing that it had been taken or was being operated without the consent of the owner or other person authorized to consent. The first element that the State must prove beyond a reasonable doubt is that a motor vehicle had been taken or was being operated without the consent of the owner or other person authorized to give consent.Motor vehicle includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks or motorized bicycles.[2] The second element is that the defendant entered and rode in the vehicle. The third element requires proof that the defendant entered and rode in the vehicle knowing that it had been taken or was being operated without the consent of the owner or another authorized to give consent.A person acts knowingly with respect to the nature of his/her conduct when he/she is aware that his/her conduct is of that nature, or that such circumstancesexist, or he/she is aware of a high probability of their existence.A person acts knowingly with respect to a result of his/her conduct, if he/she is aware that it is practically certain that his/her conduct will cause such a result.Knowingly, with knowledge or equivalent terms have the same meaning. If the State has failed to prove any element of the crime beyond a reasonable doubt, you must find the defendant not guilty.If, however, the State has proved each element beyond a reasonable doubt, you must find the defendant guilty.

 

UNLAWFUL TAKING 2C:20-10b and -10c) model jury charge

UNLAWFUL TAKING OF MEANS OF CONVEYANCE - MOTOR VEHICLE OPERATOR OR ANOTHER EXERCISING CONTROL (N.J.S.A.2C:20-10b and -10c)model jury charge Defendant, in Countof the Indictment, is charged with the crime of unlawful taking of a means of conveyance. (Read Indictment) The pertinent portion of the statute defendant is charged with violating provides: A person commits a crime . . .if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent.[1] In order for defendant to be found guilty of this offense, the State must prove each of the following elements beyond a reasonable doubt: 1.Defendant took, operated or exercised control over a motor vehicle. 2.Defendant acted with the purpose of withholding the vehicle temporarily from the owner. 3.Defendant acted without the consent of the owner or other person authorized to give consent. The first element that the State must prove beyond a reasonable doubt is that defendant took, operated or exercised control over a motor vehicle.Motor vehicle includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks or motorized bicycles.[2] The second element that the State must prove beyond a reasonable doubt is that defendant acted with the purpose of withholding the vehicle temporarily from the owner.A person acts purposely with respect to the nature of his/her conduct or a result thereof, if it is his/her conscious object to engage in conduct of that nature or to cause such a result.A person acts purposely with respect to attendant circumstance if he/she is aware of the existence of such circumstances or he/she believes or hopes that they exist.One can be deemed to be acting purposely if he/she acts with design, with a purpose, with a particular object or if he/she means to do what he/she does.In other words, the State must prove beyond a reasonable doubt that when defendant took, operated or exercised control over the vehicle his/her conscious object was to withhold same temporarily from the owner. The third element that the State must prove beyond a reasonable doubt is that defendant took, operated or exercised control over the vehicle without the consent of the owner or some other person authorized to give consent. [If applicable because there is evidence supporting it, the following defense must be charged] In this case you must also consider whether the defendant reasonably believed that the owner or any other person authorized to give consent would have consented to the defendants operation of the vehicle had he/she known of it. In order for you to find the defendant guilty, the State must prove beyond a reasonable doubt that either the defendant did not believe that the owner or another person authorized to give consent would have consented to defendants operation of the vehicle had ( he/she ) known of it, or that if defendant had that belief, it was not reasonable. If you find that the State has failed to prove beyond a reasonable doubt any element of the crime, [or has failed to disprove beyond a reasonable doubt defendantslack of reasonable belief that he/she would have had the consent of the owner or another person authorized to give consent to his/her operation of the vehicle had that person known of it,] then your verdict must be not guilty of unlawful taking of a means of conveyance. If you find that the State has proved beyond a reasonable doubt each element of the crime [and has proved beyond a reasonable doubt defendantslack of reasonable belief that he/she would have had the consent of the owner or another person authorized to give consent to his/her operation of the vehicle had that person known of it,] then you must find defendant guilty of the crime of unlawful taking of a means of conveyance. [The following language should be added if appropriate[3]for the evidence introduced in the case] If you find that the State has proven beyond a reasonable doubt that defendant committed the crime of unlawful taking of a means of conveyance, you must then also consider whether the defendant is guilty of the crime of unlawful taking of a means of conveyance and operating it a manner that creates a risk of injury to any person or damage to property. A section of our statutes provides that a person commits this crime if, he/she : operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property.[4] The State must prove beyond a reasonable doubt that defendants operation of the motor vehicle was in a manner that created a risk of either injury to any person or damage to property. Injury means physical pain, illness or any impairment of physical condition. To summarize, if you find that the State has failed to prove beyond a reasonable doubt any element of the crime of unlawful taking of a means of conveyance, then you must find the defendant not guilty of the crime of unlawful taking of a means of conveyance. If you find that the State has proven beyond a reasonable doubt that the defendant committed the crime of unlawful taking of a means of conveyance as I have defined that crime to you, but you have a reasonable doubt as to whether the State has proven that the defendant operated the motor vehicle in a manner that created a risk of injury to any person or of damage to property, then you must find defendant guilty only of unlawful taking of a means of conveyance. If you find beyond a reasonable doubt that the defendant both committed the crime of unlawful taking of a means of conveyance, and operated the motor vehicle in a manner that created a risk of either injury to any person or of damage to property, then you must find the defendant guilty of unlawful taking of a means of conveyance creating a risk of injury to any person or damage to property. [1]N.J.S.A.2C:20-10b. [2]N.J.S.A.2C:1-14n andN.J.S.A.39:1-1. [3]It may be inappropriate to charge this language if unlawful taking of a means of conveyance has been submitted to the jury as a lesser included offense, rather than as a crime charged in the indictment. [4]N.J.S.A. 2C:20-10c.

 

Unknown Auto Injuries

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury. Even the most seasoned driver must be prepared at all times for the unforeseen danger of automobile drivers who are not paying attention to the road. Hopefully you will be able to maneuver around the danger but sometimes you will not be that lucky. If the other driver stops and exchanges pertinent accident information, you have a good chance of recovering your damages...but what if they don't? There’s a likely chance that you may be involved in a HIT AND RUN at some point. Unfortunately, many drivers currently using our roads are driving without licenses or insurance, or had multiple suspensions. These circumstances make them far more likely to leave the scene of the accident. If you have been the victim of a hit and run accident, there are a few things that you must remember. 1. An altercation with the “suspect” may result in far more serious problems. 2. If at all possible, get the license plate number of the vehicle. 3. Call 911 immediately. Provide the police with as much information as you can about the other driver. Make, model, color of car, physical description of the driver if you are able to see them, and most importantly, the direction they are traveling. The police may issue a notice to nearby towns to pursue the suspect vehicle and also send a unit to assist you. 4. Talk with as many witnesses as you can. Make sure you ask for their name, address, and telephone number and ask them (beg if you must) to please wait for the police to arrive so that they can give a statement while their memories are fresh. 5. Protect the accident scene. Even the smallest piece of evidence could carry a “signature” of the other driver. For example: lenses from headlights and taillights (often smashed during the accident) carry a code from the DOT that marks the make, model, and year of the vehicle. This evidence will certainly help to narrow the search. Carry a small camera in your car. INSIST to the police to write up a police report. Increase your uninsured motorist coverage on your insurance. If you are injured in a hit and run, we often are still able to help you obtain money compensation from the Unsatisfied Claim and Judgment Fund or from your own insurance company. Most drivers in New Jersey have uninsured motorist coverage to protect them if they are seriously injured in a hit and run accident. Call Kenneth A. Vercammen to schedule an “in-office” consultation. Bring your insurance declaration sheet, insurance policy, and the accident report.

 

Union County Prosecutors 2005
			Court Prosecutor Berkely Heights Craig O'Conner Clark Jon-Henry Barr Cranford ------ Elizabeth Norma Murgado Ashton Thomas Fanwood Michael Mitzner Hillside Christopher Howard Kenilworth Albert Stender Linden Nick Scutari Mountainside Frank Sahaj New Providence Robert Thelander Plainfield Andrew Baron Mitchell Ignatoff Tanerla Mitchell Thomas Rahway Rich Fazzari Roselle Dave Conti Roselle Park Anthony Mack Scotch Plains Michael Blacker Springfield Michael Wittenberg Drew Bauman Mark Cassidy Westfield Christine Nugent Winfield Dave Conti rev. 8/23/05  Union County Municipal Prosecutor- List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association

 

Union County Municipal Prosecutors 2008

Berkeley Heights - Craig OConnor Clark - Jon-Henry Barr Cranford - Norman Albert Elizabeth - Norma Murgado -Patricia Mack - Asther E. Thomas Fanwood - Lara DeFabrizio Garwood - Steve Merman Hillside - Hugh Keffer - Lara DeFabrizio  Kenilworth -Lara DeFabrizio Linden - Nick Scutari  Mountainside - Frank Sahaj New Providence - Robert Thelander Plainfield - Robert Wilson - Tanerla Mitchell Thomas  -Sheila Ellington Rahway - Rich Fazzari Roselle - Anthony C. Maek Roselle Park - Michael Mitzner  Scotch Plains - Randy Brause Springfield - Michael Wittenberg Summit - Michael Mitzner Union - Michael Wittenberg - Drew Baumanm  - Mark Cassidy Westfield - Christine Nugent Winfield - Dave Conti  rev. 3/6/08G3 Union County Municipal Prosecutor- List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association

 

Union County Municipal Prosecutors 2007

COURT PROSECUTOR Berkeley Heights  Craig O'Connor  Clark Jon-Henry Barr  Cranford Norman Albert  Elizabeth Norma Murgado  Patricia Mack  Asther E. Thomas  Fanwood Lara DeFabrizio  Garwood Steve Merman  Hillside Hugh Keffer  Lara DeFabrizio  Kenilworth Lara DeFabrizio  Linden Nick Scutari  Mountainside Frank Sahaj  New Providence Robert Thelander  Plainfield Andrew Baron  Tanerla Mitchell Thomas Rahway Rich Fazzari  Roselle Anthony C. Maek  Roselle Park Michael Mitzner  Scotch Plains Randy Brause  Springfield Michael Wittenberg  Summit Michael Mitzner  Union Michael Wittenberg  Drew Bauman  Mark Cassidy  Westfield Christine Nugent  Winfield Dave Conti  rev. 3/23/07 G3 Union County Municipal Prosecutor- List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association

 

Union County Municipal Prosecutors 2006

UNION COUNTY MUNICIPAL PROSECUTORS 2006 COURT PROSECUTOR  Berkeley Heights - Craig O?Connor Clark - JonHenry Barr Cranford - Norman Albert Elizabeth - Norma Murgado Patricia Mack Judith DeRosa Fanwood - Lara DeFabrizio Garwood - Steve Merman Hillside - Hugh Keffer Lara DeFabrizio Kenilworth - Lara DeFabrizio Linden - Nick Scutari Mountainside - Frank Sahaj New Providence- Robert Thelander Plainfield- Andrew Baron Tanerla Mitchell Thomas Rahway - Rich Fazzari Roselle- Dave Conti Roselle Park - Michael Mitzner Scotch Plains- Randy Brause Springfield - Michael Wittenberg Summit- Michael Mitzner Union- Michael Wittenberg Drew Bauman Mark Cassidy Westfield - Christine Nugent Winfield- Dave Conti Union County Municipal Prosecutor List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association

 

Union County Municipal Prosecutors

UNION COUNTY MUNICIPAL PROSECUTORS 2019 COURT                          PROSECUTOR                 Berkeley Heights           Michael Mitzner                Clark                            Jon-Henry Barr & Robert Pansulla     Cranford                       Norman Albert                 Elizabeth                       Norma Murgado                                                      Patricia Mack                                                       Ashton E. Thomas                                                Anabela Dacruz-Melo                                            Christopher Howard                                              William Donegan                                     Annette Quijano                Fanwood                       Daniel Antonelli                 Garwood                       Steve Merman                  Hillside                          Moshood Muftau                                                                                           Kenilworth                    Anthony Prieto                 Linden                           _                                       Mountainside                 James M. Foerst New Providence             Michael Mitzner                Plainfield                       Dwayne Warren                                     Jubilo Afonso                                                       Suzette Cavadas Rahway                         Richard Fazzari                Roselle                          Steve Merman Roselle Park                  Rich Huxford                    Scotch Plains                Micheal Marcus                 Springfield                    Howard Egenberg Summit                         Michael Mitzner                Union                            Michael Wittenberg                                               Drew Bauman                                                        Kirk Nelson, Esq              Westfield                                                             Winfield                        Yvette Gibbons                       Union County Municipal  Prosecutors- Updated by Kenneth Vercammen, Esq. Past Chair  Municipal Court Practice Section of NJ State Bar Association   & Past  President Middlesex Municipal Court Prosecutors Assoc.    Please fax any revisions to 732-572-0030 or email Vercammenlaw@njlaws.com. Thank you     rev 3/12/19

 

Uninsured Motorist

Uninsured and Underinsured Injury Cases. Injured Persons Obtaining Money Recovery if Negligent Drivers Don¹t Have Adequate Insurance.

Most injuries to drivers involved in multi-vehicle accidents are the fault of the other driver and, even though you may have adequate insurance coverage, the responsible party may not.

New Jersey law generally requires a driver to have:

$15,000 for injury or death of 1 person per accident.

$30,000 for injury or death of 2 or more persons per accident.

$5,000 for property damage per accident.

However, New Jersey also permits the sale of a new ³basic² policy which essentially provides no coverage at all if someone is injured.

"Uninsured motorist" means that the person responsible for your injuries is operating a vehicle without any insurance coverage whatsoever. If you have purchased uninsured motorist coverage, you will be able to collect from your insurance company to recoup your damages (both property and personal).

"Underinsured motorist" means that the person responsible for your injuries has opted to purchase only the minimum policy required by law. If you have purchased underinsured motorist coverage, you will be able to collect from your insurance company to recoup your damages (both property and personal) that exceed the responsible party's limits. We can often help you if you are seriously injured and the defendant has minimal coverage or was uninsured.

It is imperative that you carry insurance that includes "uninsured motorist" coverage and "underinsured motorist" coverage.

Drivers are responsible to pay for catastrophic injuries. You must protect your interests and your future by making sure that your insurance policy includes protection against drivers who are irresponsible.

In the event that you have been hit and injured by someone who carries only the minimum policy required by law, or even worse someone who has no insurance coverage at all, you must protect yourself. Never drive or ride without insurance and never purchase insurance without including high uninsured motorist coverage and underinsured motorist coverage. The nominal fee that insurance companies charge for the extra coverage may save you thousands of dollars in the long run.

"We strongly recommend that every person carry a minimum of $300,000 in uninsured/underinsured coverage. This is the insurance you carry that protects YOU, not the other guy - who's more important? The cost is minimal and the benefits to you if you need it can protect you against devastation."

 

Uninsured and Underinsured Injury Cases in New Jersey. Hit and Run Accidents in NJ

Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury. Uninsured and Underinsured Injury Cases. Injured Persons Obtaining Money Recovery if Negligent Drivers Don¹t Have Adequate Insurance. Most injuries to drivers involved in multi-vehicle accidents are the fault of the other driver and, even though you may have adequate insurance coverage, the responsible party may not. New Jersey law generally requires a driver to have: $15,000 for injury or death of 1 person per accident. $30,000 for injury or death of 2 or more persons per accident. $5,000 for property damage per accident. However, New Jersey also permits the sale of a new ³basic² policy which essentially provides no coverage at all if someone is injured. "Uninsured motorist" means that the person responsible for your injuries is operating a vehicle without any insurance coverage whatsoever. If you have purchased uninsured motorist coverage, you will be able to collect from your insurance company to recoup your damages (both property and personal). "Underinsured motorist" means that the person responsible for your injuries has opted to purchase only the minimum policy required by law. If you have purchased underinsured motorist coverage, you will be able to collect from your insurance company to recoup your damages (both property and personal) that exceed the responsible party's limits. We can often help you if you are seriously injured and the defendant has minimal coverage or was uninsured. It is imperative that you carry insurance that includes "uninsured motorist" coverage and "underinsured motorist" coverage. Drivers are responsible to pay for catastrophic injuries. You must protect your interests and your future by making sure that your insurance policy includes protection against drivers who are irresponsible. In the event that you have been hit and injured by someone who carries only the minimum policy required by law, or even worse someone who has no insurance coverage at all, you must protect yourself. Never drive or ride without insurance and never purchase insurance without including high uninsured motorist coverage and underinsured motorist coverage. The nominal fee that insurance companies charge for the extra coverage may save you thousands of dollars in the long run. "We strongly recommend that every person carry a minimum of $300,000 in uninsured/underinsured coverage. This is the insurance you carry that protects YOU, not the other guy - who's more important? The cost is minimal and the benefits to you if you need it can protect you against devastation."

 

Uniform Probate Code 1-101

ARTICLE I  GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT  PART 1. SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS SECTION  1-101. SHORT TITLE. This [act] shall be known and may be cited as the Uniform Probate Code. SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION.  (a) This [code] shall be liberally construed and applied to promote its underlying purposes and policies.  (b) The underlying purposes and policies of this [code] are: (1) to simplify and clarify the law concerning the affairs of decedents, missing  persons, protected persons, minors and incapacitated persons; (2) to discover and make effective the intent of a decedent in distribution of his  property;  (3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;  (4) to facilitate use and enforcement of certain trusts;  (5) to make uniform the law among the various jurisdictions.

 

Uniform Premarital and Pre-Civil Union Agreement Act.

37:2-31Short title. 37:2-31 This article shall be known and may be cited as the Uniform Premarital and Pre-Civil Union Agreement Act. Source: New. L.1988, c.99, amended 2006, s.103, s.26. 37:2-32 Definitions. 37:2-32. As used in this article: a.Premarital or pre-civil union agreement means an agreement between prospective spouses or partners in a civil union couple made in contemplation of marriage or a civil union and to be effective upon marriage or upon the parties establishing a civil union; b.Property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings; c.(Deleted by amendment, P.L.2013, c.72). amended 2006, c.103, s.27; 2013, c.72, s.1. 37:2-33 Formalties; consideration. 37:2-33. Formalities; consideration. A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration. 37:2-34 Contents of premarital or pre-civil union agreement. 37:2-34. Contents of premarital or pre-civil union agreement. Parties to a premarital or pre-civil union 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, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event; d.The modification or elimination of spousal or one partner in a civil union couple 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. L.1988, c.99; amended 2006, s.103, s.29. 37:2-35 Premarital or pre-civil union agreement not to adversely affect right of child support. 37:2-35. Premarital or pre-civil union agreement not to adversely affect right of child support. A premarital or pre-civil union agreement shall not adversely affect the right of a child to support. L.1988, c.99; amended 2006, s.103, s.30. 37:2-36 When premarital or pre-civil union agreement becomes effective. 37:2-36. When premarital or pre-civil union agreement becomes effective. A premarital or pre-civil union agreement becomes effective upon marriage of the parties or upon the parties establishing a civil union. 37:2-37 Amendment or revocation of premarital or pre-civil union agreement. 37:2-37. Amendment or revocation of premarital or pre-civil union agreement. After marriage of the parties or the parties establishing a civil union, a premarital or pre-civil union agreement may be amended or revoked only by a written agreement signed by the parties, and the amended agreement or revocation is enforceable without consideration. L.1988, c.99; amended 2006, s.103, s.32. 37:2-38 Enforcement of premarital or pre-civil union agreement; generally. 37:2-38. Enforcement of premarital or pre-civil union agreement; generally. The burden of proof to set aside a premarital or pre-civil union agreement shall be upon the party alleging the agreement to be unenforceable. A premarital or pre-civil union agreement shall not be enforceable if the party seeking to set aside the agreement proves, by clear and convincing evidence, that: a.The party executed the agreement involuntarily; or b.(Deleted by amendment, P.L.2013, c.72) c.The agreement was unconscionable when it was executed because that party, before execution of the agreement: (1)Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party; (2)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; (3)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or (4)Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel. d.The issue of unconscionability of a premarital or pre-civil union agreement shall be determined by the court as a matter of law. An agreement shall not be deemed unconscionable unless the circumstances set out in subsection c. of this section are applicable. amended 2006, c.103, s.33; 2013, c.72, s.2. 37:2-39 Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void. 37:2-39. Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void. If a marriage or civil union is determined to be void, an agreement that would otherwise have been a premarital or pre-civil union agreement is enforceable only to the extent necessary to avoid an inequitable result. 37:2-40 Construction of article.7:2-40. Construction of article. a.This article shall be construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting the Uniform Premarital Agreement Act. b.This article shall be construed to apply to pre-civil union agreements executed on and after the effective date of P.L.2006, c.103 (C.37:1-28 et al.). L.1988, c.99; amended 2006, s.103, s.35. 37:2-41 Application of article. 37:2-41. Application of article. This article shall apply to premarital agreements executed on and after its effective date. This article as amended by P.L.2006, c.103 (C.37:1-28 et al.) shall apply to pre-civil union agreements executed on and after the effective date of P.L.2006, c.103 (C.37:1-28 et al.).