Posted on December 12, 2020 in
Written by: David B. Honig
Couples enter into mid-marriage agreements for a variety of reasons, but the underlying goal is to clarify their financial management intentions after the marriage is over. A couple does not need to think about a divorce to enter into a mid-marriage contract. Significant changes in the couple`s finances or the increase in marital conflicts are common reasons for the creation of a mid-marriage agreement. The New Jersey Court of Appeals refused to enforce the agreement on the middle of marriage. The Tribunal justified this decision by the fact that the context in which the husband made his application is inherently a constraint and that the woman`s access to a lawyer is also not negligible, since her decision on whether or not to sign the agreement was not dictated by a review of her legal rights, but rather by her desire to preserve her family. When a marriage is over, with the exception of the introduction of a court order, the parties can enter into a real estate transactional contract. As in the case of the marriage agreement, the parties are free to make their own decisions on the basis of what is in their best interest. They will also have a lawyer in their corner who will provide advice. The success of man during the first ten (10) years of marriage of the parties was quickly realized. As a result, the husband wanted to define his obligations to his younger wife in the event of a divorce. The couple were not separated at the time and no divorce was being planned.
The husband enters into a marriage, but nevertheless threatens the wife with divorce if she refuses to sign her intermediary marriage contract drawn up by her lawyer. The husband withdrew from the marriage to show the woman the seriousness of the case. Most people have heard of a marriage agreement [“prenup”], a contract between people wishing to marry, which describes precisely what will be done at the time of divorce in relation to assets, liabilities, income and others. But what if the parties did not enter a prenup before their marriage? Is an agreement between marriage, which resolves issues of fair distribution and support in the event of divorce by non-separated spouses or considering divorce, applicable in New Jersey? Often, the mid-marriage contract is followed by a spouse whose financial situation has changed considerably since the marriage.