On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Somerset County, Docket No. FM-18-254-08.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Wefing, Payne, and Koblitz.
Plaintiff, Dina Kaul, appeals from an order of Family Part Judge Anthony F. Picheca enforcing a property settlement agreement (PSA) between her and her former husband, defendant Richard Kaul. On appeal, plaintiff raises the following arguments:
THE PURPORTED PROPERTY SETTLEMENT AGREEMENT WAS UNCONSCIONABLE AND THE COURT ERRED IN FAILING TO RECOGNIZE THE DISPARITY WITHIN THE PURPORTED AGREEMENT.
Non Disclosure of Real Estate and Business Support Allocation Child Support Alimony POINT II
THE COURT'S DEFICIENCY IN FAILING TO RECOGNIZE PROCEDURAL UNCONSCIONABILITY IS REVERSIBLE ERROR.
THE COURT'S CREDIBILITY FINDINGS MANDATE A REMAND TO A NEW JUDGE.
Defendant cross-appeals from an award of attorney's fees. We affirm both orders on appeal.
Plaintiff is a graduate of Muhlenberg College; defendant is an anesthesiologist, originally from the United Kingdom. Plaintiff and defendant met in late 2001 and began cohabiting in New York in December 2001. Their first child, a son, was born in November 2002. After multiple breakdowns in the parties' relationship, they reconciled and were married in November 2003. Thereafter, they purchased a residence in Bernardsville for approximately $2.3 million, obtaining a mortgage of approximately $1.5 million. The parties' second child, a daughter, was born in December 2004.
In May 2005, the parties purchased a townhouse in New York City for approximately $3.7 million, but at about that time, they separated. Despite the separation, plaintiff did not seek a divorce until 2007. Testimony in this matter suggests that the delay was occasioned by ...