Added: Jasmyn Hollman - Date: 07.02.2022 11:46 - Views: 42079 - Clicks: 5879
All meetings, including initial free consultations, can be handled either through the phone, FaceTime, Zoom, or in person. A reconciliation agreement is a type of post-nuptial or mid-marriage agreement, meaning it is an agreement entered into by two people who are married to each other.
A reconciliation agreement is entered into by a couple as an attempt to the marriage after a ificant conflict between the spouses, often an affair. The reconciliation agreement typically provides that the non-cheating spouse be given a financial commitment in exchange continuing the marriage with the spouse who had the affair. The court in Nicholson v. The agreement must be fair at both the time it was entered into and also at the time that it was to be enforced. The Nicholson court described several criteria for judges to consider when determining whether to enforce a reconciliation agreement.
They are guidelines that should also be considered when drafting a reconciliation agreement. The marital issues sought to be resolved by the reconciliation agreement must be ificant. The court in Nicholson found that two instances of extra marital affairs satisfied this factor. Unconscionable agreements are those that are one-sided or unjust. The court here is again ensuring fairness. Good faith means that the parties are acting honestly and fairly when entering into the agreement.
As time passes from when the agreement was entered into to the time one party seeks to enforce it, the financial situation of the parties cannot have changed so ificantly that the enforcement of the agreement has been rendered unfair.
Further, it is important that each party disclose all the relevant factors for such an agreement when entering into it. This means that the each of the parties must understand the issues that affect the agreement. For example, if one spouse knows that he or she is about to receive a ificant sum of money, the other spouse must be told about that before entering into the agreement.
Additionally, each spouse should be represented by independent counsel, which allows each party to understand the agreement as it applies to them. If you or your spouse is considering a reconciliation agreement, please call the Law Offices of Peter Van Aulen at for a free comprehensive in office consultation. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Please do not include any confidential or sensitive information in a contact form, text message, or voic. The contact form sends information by non-encryptedwhich is not secure.
Submitting a contact form, sending a text message, making a phone call, or leaving a voic does not create an attorney-client relationship. For a Free Consultation. Family Law. Marital Agreements. Reconciliation Agreements. Reconciliation Agreements A reconciliation agreement is a type of post-nuptial or mid-marriage agreement, meaning it is an agreement entered into by two people who are married to each other. Nicholson v. Nicholson - Factors to Consider The Nicholson court described several criteria for judges to consider when determining whether to enforce a reconciliation agreement.
Before a reconciliation agreement will be enforced, the court must determine that the promise to marital relations was made when the marital rift was substantial. The court must consider whether the circumstances under which the agreement was entered into were fair to the party charged. The key to enforcement of these agreements is fairness. The terms of the agreement must have been conscionable when the agreement was made. The party seeking enforcement must have acted in good faith. Changed circumstances must not have rendered literal enforcement inequitable.
Sources Nicholson v. NicholsonNJ Super. Submit a Law Firm Client Review.
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