You and your spouse have had a falling out, a disconnect, or simply no longer see eye-to-eye.  Well, the axiom “don’t throw out the baby with the bathwater” holds true here.   It may make sense to try to patch it up whenever there is even the smallest chance of reconciliation.  Some sensible approaches that a couple can try are mediation, marital counseling, or for those with religious beliefs, counseling provided by a spiritual leader.

Sometimes the couple determines it is best to seek a divorce.  Occasionally, the couple may decide to renew their relationship.  Here, it might make sense to commemorate the reconciliation with an agreement.   Such an agreement, called a Reconciliation or Mid-marriage Agreement, can assist the couple to move forward in their relationship.   In fact, New Jersey law promotes the preservation of marriage.  See Nicholson v. Nicholson, 199 N.J. Super 525, 531 (N.J. App. Div. 1985).

What, then, are the factors that make such an agreement legally enforceable?   Typically, these factors are examined on a case by case basis, as each situation is unique.   Factors examined include substantiality of the prior marital rift, fairness of its terms (particularly to the challenging party), compliance with Statute of Frauds, fairness of the circumstances giving rise to it and its terms, good faith of the challenging party, and its continued applicability due to changed circumstances.