What is the “Penalty Rule” and How Does it Apply in Family Court Matters? The Appellate Division Weighs in.
When entering into a settlement agreement, each party is often wary of whether the other party will comply with the agreement’s terms. As a result, oftentimes negotiated into an agreement is a provision providing that a party’s successful enforcement of the agreement against the other party “may” or “shall” result in an award of counsel…