When separating from your spouse, you may face unexpected challenges. If emotions and conflicts arise, you may be overwhelmed with issues like shared finances, custody of children, and other crucial matters. Our Short Hills separation agreement lawyers are ready to help in this difficult time.
Few people anticipate the kind of stress you encounter when a marriage is in trouble. An attorney who knows the law governing marital contracts is available to explain your rights and responsibilities and help protect you and your family.
There is no state law that specifically addresses legal separation. If parties wish to live separately while still married, they can do so under the laws allowing “divorce from bed and board.” Most separation agreements address issues that are incorporated into a final judgment of divorce.
Fundamental contract law governs separation agreements in New Jersey. Therefore, for a court to consider the document legally binding, it must meet specific standards. The agreement must be in writing, signed by both parties, and notarized. Additionally, the agreement must provide proof of full and fair disclosure of all assets and liabilities before the parties have signed. Lastly, one party cannot coerce another into signing or agree under duress. A Short Hills lawyer could help someone draft a separation agreement that is legally enforceable and covers all of the provisions needed in their specific situation.
A final matrimonial separation agreement (MSA) can address all matters that may come up in a divorce. These terms may include division of assets and debt, spousal support, child custody and support, and insurance matters. A comprehensive MSA is essential because it could impact the lives of all mentioned parties if a divorce happens. A lawyer in Short Hills could help someone prepare a separation agreement that addresses any potential issues that may arise as a couple decides to part ways.
A separation contract may establish the division of marital property and debts. It is important to note that assets are not necessarily divided equally, but instead with the signing individuals’ finances in mind. This is why it is essential for both parties to disclose all of their assets fully. An attorney in Short Hills could advocate for one party and make sure they understand the whole financial picture before signing an agreement.
Courts are most vigilant about protecting the welfare of children. Therefore, a court will review any proposed custody arrangements in a separation contract with the child’s best interests in mind. For instance, financial support is a child’s right, and therefore, parents cannot agree to deprive a child of that right in a separation agreement.
When a marriage dissolves, there is so much at stake. You want your rights and family protected as you move into a new way of life. Our Short Hills separation agreement lawyers understand the complexity you face could help you navigate this stressful time. Call our office today to speak with an attorney who knows how to create a contract that supports you and your future.