NJSBA Family Law Section

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

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If the facts fit, which they may per your summary, it may be more appropriate to view this as a Reconciliation Agreement under Nicholson v. Nicholson, 199 N.J.Super. 525, 489 A.2d 1247 (App.Div.1985), rather than a "mid-marriage agreement" under Pacelli v. Pacelli, 319 N.J. Super. 185, 725 A.2d 56, 1999 N.J. Super. LEXIS 74 (App.Div. 1999)

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Charles Vuotto Esq.
Matawan NJ
(732)696-2500

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Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

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Go with the recommendation of Charles Vuotto.

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Ronald Abramson Esq.
Hackensack NJ
(201)487-3800

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Original Message:
Sent: 07-03-2013 14:41
From: Charles Vuotto
Subject: Mid-marriage agreement question

If the facts fit, which they may per your summary, it may be more appropriate to view this as a Reconciliation Agreement under Nicholson v. Nicholson, 199 N.J.Super. 525, 489 A.2d 1247 (App.Div.1985), rather than a "mid-marriage agreement" under Pacelli v. Pacelli, 319 N.J. Super. 185, 725 A.2d 56, 1999 N.J. Super. LEXIS 74 (App.Div. 1999)

-------------------------------------------
Charles Vuotto Esq.
Matawan NJ
(732)696-2500

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

Thank you both.

However, there was no present plan to divorce the husband nor are the parties separated in my case. This is a 5 1/2 year marriage with one child under 2 years old.

The agreement gives the wife the marital condo and lets her keep her entire pension and her tax deferred annuity. She arns substantially more than the husband.

I am concerned that any agreement would be deemed inequitable and especially so, if the husband does not see an attorney.



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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

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Original Message:
Sent: 07-03-2013 14:49
From: Ronald Abramson
Subject: Mid-marriage agreement question

Go with the recommendation of Charles Vuotto.

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Ronald Abramson Esq.
Hackensack NJ
(201)487-3800

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:41
From: Charles Vuotto
Subject: Mid-marriage agreement question

If the facts fit, which they may per your summary, it may be more appropriate to view this as a Reconciliation Agreement under Nicholson v. Nicholson, 199 N.J.Super. 525, 489 A.2d 1247 (App.Div.1985), rather than a "mid-marriage agreement" under Pacelli v. Pacelli, 319 N.J. Super. 185, 725 A.2d 56, 1999 N.J. Super. LEXIS 74 (App.Div. 1999)

-------------------------------------------
Charles Vuotto Esq.
Matawan NJ
(732)696-2500

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

You are right, my friend. But I see as the bigger issue, the enforceability in the future of such an agreement. The area is potentially volotile.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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Original Message:
Sent: 07-03-2013 15:59
From: Robert Goldstein
Subject: Mid-marriage agreement question

Thank you both.

However, there was no present plan to divorce the husband nor are the parties separated in my case. This is a 5 1/2 year marriage with one child under 2 years old.

The agreement gives the wife the marital condo and lets her keep her entire pension and her tax deferred annuity. She arns substantially more than the husband.

I am concerned that any agreement would be deemed inequitable and especially so, if the husband does not see an attorney.



-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:49
From: Ronald Abramson
Subject: Mid-marriage agreement question

Go with the recommendation of Charles Vuotto.

-------------------------------------------
Ronald Abramson Esq.
Hackensack NJ
(201)487-3800

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:41
From: Charles Vuotto
Subject: Mid-marriage agreement question

If the facts fit, which they may per your summary, it may be more appropriate to view this as a Reconciliation Agreement under Nicholson v. Nicholson, 199 N.J.Super. 525, 489 A.2d 1247 (App.Div.1985), rather than a "mid-marriage agreement" under Pacelli v. Pacelli, 319 N.J. Super. 185, 725 A.2d 56, 1999 N.J. Super. LEXIS 74 (App.Div. 1999)

-------------------------------------------
Charles Vuotto Esq.
Matawan NJ
(732)696-2500

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

Those are the two cases I added after I inadvertently sent the post incomplete (or inchoate, as we Latin geeks would say). IMO, both of these are dicey, and your client need to know (evidenced through signed office memoranda, including copies of these cases) that enforcement may be a problem. Just my thoughts, Bob. I'm busy putting together a motion trying to change my client's and her kid's name in one motion in the family part and have little time to spare, unfortunately. lol

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:41
From: Charles Vuotto
Subject: Mid-marriage agreement question

If the facts fit, which they may per your summary, it may be more appropriate to view this as a Reconciliation Agreement under Nicholson v. Nicholson, 199 N.J.Super. 525, 489 A.2d 1247 (App.Div.1985), rather than a "mid-marriage agreement" under Pacelli v. Pacelli, 319 N.J. Super. 185, 725 A.2d 56, 1999 N.J. Super. LEXIS 74 (App.Div. 1999)

-------------------------------------------
Charles Vuotto Esq.
Matawan NJ
(732)696-2500

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

Have a good 4th!

And have an extra hot dog for me tomorrow.

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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:58
From: Curtis Romanowski
Subject: Mid-marriage agreement question

Those are the two cases I added after I inadvertently sent the post incomplete (or inchoate, as we Latin geeks would say). IMO, both of these are dicey, and your client need to know (evidenced through signed office memoranda, including copies of these cases) that enforcement may be a problem. Just my thoughts, Bob. I'm busy putting together a motion trying to change my client's and her kid's name in one motion in the family part and have little time to spare, unfortunately. lol

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:41
From: Charles Vuotto
Subject: Mid-marriage agreement question

If the facts fit, which they may per your summary, it may be more appropriate to view this as a Reconciliation Agreement under Nicholson v. Nicholson, 199 N.J.Super. 525, 489 A.2d 1247 (App.Div.1985), rather than a "mid-marriage agreement" under Pacelli v. Pacelli, 319 N.J. Super. 185, 725 A.2d 56, 1999 N.J. Super. LEXIS 74 (App.Div. 1999)

-------------------------------------------
Charles Vuotto Esq.
Matawan NJ
(732)696-2500

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

I would consider it a reconciliation agreement. I did one for a friend once where the wife would get most of the assets in the event of a future divorce from husband's future adultery, but the issue never needed to be addressed again. The bad boy straightened out. There was consideration on both sides. I don't see a problem with it.  
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Christine Moriarty-Brophy Esq
Upper Saddle River NJ
(201)785-1658

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Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

On a slow day, read some of the ones they enforce in Califiornia. Quite entertaining.

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585 begin_of_the_skype_highlighting (732)603-8585 FREE  end_of_the_skype_highlighting

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Original Message:
Sent: 07-03-2013 14:51
From: Christine Moriarty-Brophy
Subject: Mid-marriage agreement question

I would consider it a reconciliation agreement. I did one for a friend once where the wife would get most of the assets in the event of a future divorce from husband's future adultery, but the issue never needed to be addressed again. The bad boy straightened out. There was consideration on both sides. I don't see a problem with it.  
-------------------------------------------
Christine Moriarty-Brophy Esq
Upper Saddle River NJ
(201)785-1658

-------------------------------------------






Original Message:
Sent: 07-03-2013 14:30
From: Robert Goldstein
Subject: Mid-marriage agreement question

Client comes in today to discuss preparation of a mid-marriage agreement. It appears husband has done a number of things to lose wife's trust. She says that they will be attending counselling; however, they have discussed entering into an agreement to cover property issues and waiver of alimony by each (she makes far more than him) in case marriage does not survive. My question is whether such an agreement, even with full disclosure, is valid if the husband refuses to take it to an attorney to review?  I am not aware of a statute covering this.

 

Thoughts?

Have a great 4th!

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------

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