Law Lessons from FARA DAWN HASKOOR V. GEORGE J. HASKOOR, JR., App. Div., A-2961-08T1, November 4, 2009:

“An agreement to settle a lawsuit is a contract which, like all contracts, may be freely entered into and which a court, absent a demonstration of ‘fraud or other compelling circumstances,’ should honor and enforce as it does other contracts.” Pascarella v. Bruck, 190 N.J. Super. 118, 124-25 (App. Div.) (quoting Honeywell v. Bubb, 130 N.J. Super. 130, 136 (App. Div. 1974)), certif. denied, 94 N.J. 600 (1983). “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).

The parties may agree to the amount of child support as part of an overall settlement of the parties’ parenting and financial relationships. However, if a case involves the type of unilateral mistake that warrants judicial relief, the appropriate remedy is rescission of the entire agreement. Villanueva v. Amica Mut. Ins. Co., 374 N.J. Super. 283, 289-90 (App. Div. 2005).

In a case where the payor spouse seeks to decrease his child support obligation while maintaining the remaining provisions of the PSA, such a result is not equitable.

See related Blog Post, published in the New Jersey Family Law blog.

See related Blog Post, by Robert A. Epstein, Esq. at Fox Rothschild LLP.

NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

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