Legal Question in Family Law in New Jersey
Marital Non-Disclosure Agreement
My question is in regards to the enforcability of a non-disclosure agreement drawn up by me and signed by my husband and myself in front of a notary. The details of the agreement is that he will agree to not disclose any information relating to an extra-marital affair with a co-worker to my employer, nor to the co-workers family. I want to know how enforceable this agreement is if he breaks the agreement. The conditions of him breaking this agreement is that the terms we have stated in our divorce agreement in regards to settling of marital debt would be null and void, he would bare sole responsibility for all marital debt if he were to break this agreement. Will this be a legal document that can be used in court if he breaks the non-disclosure agreement.
2 Answers from Attorneys
Re: Marital Non-Disclosure Agreement
The agreement sounds unenforceable. You husband seems to receive nothing for his silence by way of compensation. He receives only that share of the marital estate to which he would be entitled in any event. The lack of consideration in your agreement, if that is the case,. probably makes the agreement unforceable
Re: Marital Non-Disclosure Agreement
Quite frankly, I doubt that there is any case law on this subject and I know there is no statutory law as it relates to marriage and divorce. However, the Courts have been recently upholding agreements as long as they are not against public policy or unconscionable. You present an interesting question that I do not believe has an answer.
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