This bill introduces a new section, RSA 458:51-a, which establishes standards for the enforcement of final property settlements or divorce decrees, as well as for motions or petitions for contempt related to these matters. The court is mandated to enforce such settlements or decrees according to their terms unless the respondent can demonstrate that the terms are invalid due to specific reasons such as fraud, duress, or mutual mistake, among others. The burden of proof lies with the party challenging the validity, requiring them to show their case by a preponderance of the evidence.
Additionally, the bill stipulates that in enforcing any final decree, the court must create remedies that restore the parties to the position they would have been in had the decree been fully executed. This new enforcement standard applies to any motions or petitions filed after the effective date of the section, which is set for January 1, 2026. The bill aims to clarify the legal framework surrounding the enforcement of marital property settlements and ensure that parties are held accountable to the terms of their agreements.