Pacelli v. Pacelli
Supreme Court of New Jersey
725 A.2d 56 (1999)
Relevant factsFree
Antonio Pacelli (plaintiff) threatened to divorce Francesca (defendant) unless she signed, without negotiation, a mid-marriage agreement giving her a fixed $500,000 upon dissolution, while his net worth was then $4.7 million; her attorney advised against signing, but she signed to preserve the marriage, and Antonio later filed for divorce once his net worth exceeded $11 million. Francesca argued the agreement was coerced and unenforceable, but the trial court enforced it, and she appealed.
IssueFree
Whether, to be enforceable, a mid-marriage agreement, like a reconciliation agreement, must be fair and equitable at the time of both execution and enforcement.