Text to be removed highlighted in red.
1 New Section; Annulment, Divorce, and Separation; Enforcement; Defense. Amend RSA 458 by inserting after section 51 the following new section:
458:51-a Enforcement; Defense.
I. Upon motion or petition by a party for enforcement of a final property settlement or decree of divorce, or for contempt related to any proceeding under this chapter, the court shall enforce such settlement or decree according to its terms, unless the settlement or decree or relevant part thereof, is shown to be invalid due to fraud, duress, deceit, impossibility, misrepresentation, mutual mistake, undue influence, or subsequent illegality by a preponderance of the evidence.
II. In the enforcement of any such final decree, the court shall fashion remedies that place the parties in the position as if the decree had been fully performed according to its terms.
III. This section shall apply to any motion or petition filed after the effective date of this section, regardless of when the underlying settlement or decree was entered.
2 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 New Section; Annulment, Divorce, and Separation; Enforcement; Defense. Amend RSA 458 by inserting after section 51 the following new section:
458:51-a Enforcement; Defense.
I. Upon motion or petition by a party for enforcement of a final property settlement or decree of divorce, or for contempt related to any proceeding under this chapter, the court shall enforce such settlement or decree according to its terms, unless the settlement or decree or relevant part thereof, is shown to be invalid due to fraud, duress, deceit, impossibility, misrepresentation, mutual mistake, undue influence, or subsequent illegality by a preponderance of the evidence.
II. In the enforcement of any such final decree, the court shall fashion remedies that place the parties in the position as if the decree had been fully performed according to its terms.
III. This section shall apply to any motion or petition filed after the effective date of this section, regardless of when the underlying settlement or decree was entered.
2 Effective Date. This act shall take effect January 1, 2026.