Regardless of the holding in Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C., IMO, Brawer v. Brawer, 329 N.J. Super. 273 (App. Div. 2000) and Harrington v. Harrington, 281 N.J.Super. 39 (App.Div.), certif. denied, 142 N.J. 455, 663 A.2d 1361 (1995) should always be read as extremely fact-sensitive.
If the dispute among the parties to a case concerned anything other than matters ancillary to a divorce, the sorts of conduct we grieve over in the case of the oral agreement would result in enforceable settlements. The remaining question is whether something more is required to settle this case than to settle a non-matrimonial controversy.
It is true, of course, that a matrimonial settlement agreement between spouses is enforceable only if it is completely voluntary, fair and equitable. Lepis v. Lepis, 83 N.J. 139, 148 (1980); Schlemm v. Schlemm, 31 N.J. 557, 581-82 (1960). It is therefore subject to amendment by the court when changed circumstances make its enforcement inequitable. Lepis, supra, 83 N.J. at 148-49; Smith v. Smith, 72 N.J. 350, 362, 371 (1977).
In Brawer, for instance, Mr. Brawer stipulated on the record that he was abandoning any contention that the settlement was unenforceable because it was unfair or inequitable. He argued only that the settlement was unenforceable because there was no agreement. But once issues of equity have been removed from the case, the enforceability of a matrimonial settlement agreement is subject to the same standards as that in any other case. See Berkowitz v. Berkowitz, 55 N.J. 564, 569 (1970); Harrington, supra, 281 N.J.Super. at 46; Rolnick v. Rolnick, 262 N.J.Super. 343, 351 (App.Div.1993).
Please consider the following quaere: You have a
signed MSA - the product of extensive negotiations between the parties and assisted by able counsel. On the day of the put-through, one of the parties upon
voir dire contends it is unfair and does want to be bound by it. Enforceable?
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 07-15-2014 10:32
From: Diana Fredericks
Subject: Does Harrington still exist?
I know this was recently discussed, but I am hopeful to get some additional feedback ...
In view of Willingboro Maill Ltd., does everyone agree that Harrington is still good law and still applies where an MSA was reached outside of mediation, but in the context of attorney conferences and ISC's? Thank you in advance for your thoughts on this.
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Diana Fredericks Esq.
Clinton NJ
(908)735-5161
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