Faherty v. Faherty

The opinion of the Court was delivered by

GARIBALDI, J.

The question posed in this appeal is whether an arbitration provision in a separation agreement, entered into by the parties prior to their divorce and incorporated in their divorce judgment, is enforceable. The Chancery Division and the Appellate Division enforced the arbitration provision. We granted certification, 94 N.J. 616 (1983), and now modify and affirm, as modified, the Appellate Division's judgment.

I

Susan Faherty (Susan) and J. Roger Faherty (Roger) were divorced in 1977 after seventeen years of marriage. At that time, they had…