Law Lessons from DARA-ANN SCHEPS f/k/a PAPARAZZO VS. VICTOR PAPARAZZO, App. Div. (A-0717-08T1; Decided July 29, 2009):

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“The basic contractual nature of matrimonial agreements has long been recognized.” Pacifico v. Pacifico, 190 N.J. 258, 265 (2007). Although “‘the law grants particular leniency to agreements made in the domestic arena,’ thus allowing ‘judges greater discretion when interpreting such agreements[,]‘ . . . [a]s a general rule, courts should enforce contracts as the parties intended.” Id. at 266. Where the terms of a contract are unambiguous, “the court must enforce it as written.” County of Morris v. Fauver, 153 N.J. 80, 103 (1998).

“Settlement agreements in matrimonial matters, being ‘essentially consensual and voluntary in character, . . . [are] entitled to considerable weight with respect to their validity and enforceability’ in equity, provided they are fair and just.” Dolce v. Dolce, 383 N.J. Super. 11, 20 (App. Div. 2006) (quoting Petersen v. Petersen, 85 N.J. 638, 642 (1981)); see also Lepis v. Lepis, 83 N.J. 139, 153 (1980); Berkowitz v. Berkowitz, 55 N.J. 564, 569 (1970); Schlemm v. Schlemm, 31 N.J. 557, 581-82 (1960).

Separation agreements “‘are generally favored by the courts as a peaceful means of terminating marital strife and discord so long as they are not against public policy.’” Dolce, supra, 383 N.J. Super. at 20 (quoting Konzelman v. Konzelman, 158 N.J. 185, 193 (1999)); see also Weishaus v. Weishaus, 180 N.J. 131, 143 (2004). “And while incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity.” Eaton v. Grau, 368 N.J. Super. 215, 224 (App. Div. 2004).

Although in matrimonial matters, the award of counsel fees is typically a discretionary decision, see R. 5:3-5(c), “[i]f the parties have stipulated by agreement that the husband will pay counsel fees to the wife in an amount to be fixed by the court, the court cannot refuse to allow any counsel fees at all.” Pressler, Current N.J. Court Rules, comment 4.5 on R. 5:3-5 (2009) (citing Jobe v. Jobe, 197 N.J. Super. 596 (App. Div. 1984)).

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