APPELLATE DIVISION OF NEW JERSEY AFFIRMS DIVORCE AGREEMENT
Docket No. A-2848-23
Decided July 1, 2025
Submitted by New Jersey Divorce Lawyer, Jeffrey Hark.
In a recent unpublished decision the Appellate Division of New Jersey affirmed an agreement reached by the parties to a divorce.
In Hirst v. Hirst, the parties were married in 2013 and had no children together. Linda K. Hird obtained a temporary restraining order against Jonathan A. Hirst in November 2021 and filed for divorce shortly after. In June 2022, Jonathan moved for pendente lite spousal support, which resulted in a consent order for $1,000 per month. The parties executed a BTS in October 2023, resolving several financial issues but not addressing pendente lite support. A MSA was executed in January 2024, incorporated into a Judgment of Divorce.
Jonathan Hirst moved to compel payment of pendente lite arrears for November 2023 through January 2024, which was opposed by Linda Hird, who cross-moved for sanctions and attorney’s fees. The court denied Jonathan’s motion, granted attorney’s fees to Linda, and found that the BTS and MSA waived all claims to alimony and support. Judge Brown cited provisions in the BTS and MSA that waived all claims and did not reserve any rights for pendente lite support. The court ruled that Jonathan’s request to revive pendente lite claims was not permissible as the agreement was clear and unambiguous.
On appeal, Jonathan argued that the pendente lite award should continue until the judgment of divorce and that the attorney’s fees were improperly awarded. The appellate court reviewed the trial court’s findings under a deferential standard and found no error in the trial court’s application of contract law principles to the BTS and MSA. The appellate court affirmed the trial court’s decision.
Courts in New Jersey generally favor agreements when they are found and it is the public policy of New Jersey to uphold and enforce settlements. Effectuating an agreement in a divorce will set in motion protections for that agreement under the law, outside extraordinary or changed circumstances. It is crucial to have the initial terms be fair and with foresight of the future. Having second thoughts on an agreement will not suffice in modifying the original terms.
If you have questions about divorce agreements, custody, parenting time, changes in circumstance requiring a modification, alimony, child support, and divorce, or appeals, contact the experienced matrimonial divorce attorneys at Hark & Hark today.
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We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing domestic violence charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Mercer, Ocean, and Salem counties. We represent clients in all towns in New Jersey, including Bass River, Beverly, Bordentown City, Bordentown Township, Burlington City, Burlington Township, Chesterfield, Cinnaminson, Delanco, Delran, Eastampton, Edgewater Park, Evesham, Fieldsboro, Florence, Hainesport, Lumberton, Mansfield, Maple Shade, Medford Lakes, Medford Township, Moorestown, Mount Holly, Mount Laurel, New Hanover, North Hanover, Palmyra, Pemberton Borough, Pemberton Township, Riverside, Riverton, Shamong, Southampton, Springfield, Tabernacle, Washington Township, Westampton, Willingboro, Woodland Township, and Wrightstown.
