On leave granted in this divorce matter, plaintiff Gene Van Den Ende appeals from certain provisions of a July 19, 2024 Family Part order, which granted defendant Crofton P. Reynold's cross-motion to dismiss her equitable distribution claims, to limit discovery, and to extend comity to South Africa for adjudication of the parties' Antenuptial Agreement. Plaintiff and the parties' minor child are domiciled in New Jersey. Defendant is domiciled in South Africa. Plaintiff also appeals from a December 20, 2024 order denying her motion for reconsideration.
The court held there are disputed factual issues concerning the filing of defendant's South African action, seeking a declaratory judgment, without a claim for divorce, regarding the enforceability of the Antenuptial Agreement where it was registered. Because there are questions of fact as to whether plaintiff is subject to personal jurisdiction in South Africa, the court vacated the order addressing equitable distribution and the order denying reconsideration and remanded for a plenary hearing.