Reconciliation Of Agreement

Given that judges have such latitude in determining fairness, it may be difficult to predict in advance whether a reconciliation agreement will be implemented or not. It is essential to seek advice from an experienced family lawyer before the contract is concluded. As a general rule, a court requires that an agreement be reached in writing and signed by both parties. Both parties must have the opportunity to be represented by an independent lawyer. Both parties are also obliged to enter into the agreement on a voluntary basis and both must disclose the full financial disclosure, including associated asset returns, describing all assets, income and sources of income, as well as any debt or other financial obligations. It is already a legal condition for divorce lawyers to have seen the willingness of a couple to reconcile before taking the formal path of divorce. A judge has the power to postpone divorce proceedings in order to allow attempts at reconciliation. Many lawyers are also trained mediators and dispute resolution experts to keep couples out of litigation. As such, it is a pioneering decision in the field of before and after marriage, including reconciliation agreements, as it sets an important precedent for other parties wishing to conclude or maintain such a decision. Today, there remains the generally accepted attitude of the law with regard to pre-marriage and post-marriage agreements. Another advantage of these contracts is that they are "post-nuptial" agreements (unlike pre-marital agreements) and it is therefore more likely that the Court of Justice will tend to have the parties comply with their terms when a party tries to abstain from them. However, there have been no cases decided in Jersey asking the court to enforce such agreements. New Jersey courts have sometimes upheld reconciliation agreements, as their purpose seems to generally mutate with public policies that promote marriage and discourage divorce.

As with other post-court agreements, the court will consider the existence of a "reflection" (i.e., each party must have exchanged something valuable, even if it is not necessarily equivalent) and that it will also assess the fairness of the agreement both at the time of its implementation and when a spouse intends to enforce it. Reconciliation agreements are post-marriage agreements designed to annul the deeds of a separation agreement or to file a divorce. New Jersey family courts view reconciliation agreements in a good light, as the court`s position is that marriages should be broke as much as possible.