In a Decision – Kriss v. Krissl, (an Unpublished Opinion) >> the Court Held:
The Appellate Division affirmed the declaration that an Agreement entered in the middle of the marriage during a failure of the marriage was void based upon unconscionability. The Appellate Division agreed with the trial judge that the agreement was void ab initio since husband did not provide wife with full financial disclosure as to his income or the value of the company and wife signed the agreement under duress.
The parties married in 1982 and had one emancipated child. Husband started a construction company in 2001 and Wife worked as the company bookkeeper. Husband filed for divorce in 1998 but withdrew the complaint. Husband filed for divorce again in 2003 and Wife signed a reconciliation agreement written by Husband's attorney against the advice of her attorney. In the agreement, Wife gave up any interest in Husband's company and waived any alimony in return for continuation of the marriage. Husband filed for divorce again in 2011.