First New Jersey High Profile Same-Sex Divorce Could End in Reconciliation Agreement

What most likely would have been New Jersey's first high profile same-sex divorce appears to be heading toward a reconciliation and a legal agreement. Last month, world famous Olympic figure skater Johnny Weir and his husband, Victor Voronov, were all over the news with reports that they had announced that following a physical altercation they had decided to seek a divorce. In the days that followed the announcement there were reports that the two were already fighting over marital property, most notably their beloved pet dog. Lawyers were running to court to battle over the immediate division of property. If Weir and Voronov proceed to a divorce, New Jersey would be witness to its first high profile divorce since gay and lesbian citizens gained the right to legally marry in October of 2013. Although, most recently, Weir and his husband are reportedly attempting to make their marriage work through the use of a legal agreement that would specify how each is to behave in the marriage. The media has initially been referring to such an agreement as a postnuptial agreement, but this would be incorrect, and the agreement that Weir and Voronov may be contemplating would be called a reconciliation agreement. In the Garden State, such an agreement is a legal exchange of promises between spouses made during the pendency of the marriage to protect property and rights if a divorce were ever to occur in the future. The primary distinction between a postnuptial agreement and a reconciliation agreement is that a reconciliation agreement is drafted and executed during a marriage after problems have surfaced to the point that the couple has considered seeking a divorce. On the other hand, a postnuptial agreement is an agreement made by spouses during the marriage to protect property upon a significant change in the assets or income of one party - before there is a marital rift or disintegration. A reconciliation agreement's purpose is to compel each party to make certain promises or concessions as a means to attempt to fix an already broken marriage and encourage a peaceful reconciliation. Reconciliation agreements are typically enforceable in court as long as they are fair to each party at the time they are executed and when they are to be enforced. Nicholson v. Nicholson, 199 N.J. Super. 525 (App. Div. 1985). If you are a gay or lesbian couple who plans on seeking a legal marriage or filing for a same-sex divorce or would like more information regarding postnuptial or reconciliation agreements it is critical that you seek out the advice of an experienced attorney before proceeding. For more information about same-sex marriage, same-sex divorce, same-sex relationship dissolution, postnuptial agreements, prenuptial agreements or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and it is in no way intended to replace the advice of an attorney.