Restoring a Troubled Marriage

 

“Therefore, what God has joined together, let no one separate.”

                                                                            -Matthew 19:6

 This guest post is from Robert V. Fortmeyer, Regent Family Law student:

Reconciliation agreements, also known as postnuptial agreements or restoration agreements, are a valuable tool in preserving marriages that might otherwise be on the brink of dissolution. The case of Hall v. Hall, a decision by the Court of Appeals of Indiana, highlights the significance of these agreements and their enforceability under certain conditions.

In Hall v. Hall, a wife wanted to dissolve the marriage but decided to stay in the marriage after entering into a restoration agreement with her husband. This agreement laid out the distribution of property in the event of marital dissolution, giving her the financial protections she needed as a result of her husband’s dishonesty and ensuing incarceration. The couple remained married throughout the husband’s incarceration and for an additional eight years. Couples can use the base of a premarital agreement to make clear to each other what is important to them for the marriage to continue.

The Court in Hall found the agreement enforceable, affirming the notion that the mutual decision to remain married provided adequate consideration for the agreement. Because reconciliation agreements are governed by the laws controlling premarital agreements, the enforceability of reconciliation agreements is contingent on them being entered into freely, without fraud, duress, or misrepresentation. The Hall decision reinforces the principle that the intent to preserve the marriage, evidenced by the parties' actions in accordance with the agreement, is crucial in determining its validity.

An important aspect of the case is the court's consideration of the public policy favoring the amicable settlement of property rights among citizens whose marriages are being dissolved. Reconciliation agreements, when properly executed, serve this policy by providing a mechanism for couples to address financial and property concerns in a manner that can, rather than dissolve the marriage, help preserve the marriage. By delineating rights and responsibilities, these agreements can reduce uncertainty and conflict, potentially avoiding the stress and confrontation often associated with troubled marriages or divorce proceedings.

Reconciliation agreements represent a practical tool for couples and their advisors facing marital difficulties. By addressing key financial and property concerns, these agreements can provide a foundation for couples to rebuild their relationship on more stable ground. They not only offer a path to preserving marriages but also underscore the importance of mutual consent and fairness in marital arrangements, laying a firm underpinning toward family restoration.