West Caldwell Marital Agreement Lawyer
Sorting out the various legal issues that come with ending a marriage is more complicated than merely filling out forms for a judge to sign. Depending on your circumstances and financial situation, you will need to address ownership of marital assets and marital debt, and you may need to address financial support to or from your spouse. If you have children, custody and financial support for the minors are also an important issue to resolve.
Marriage contracts are imperative to help resolve these matters in a legally binding way. Drafting a comprehensive and enforceable agreement frequently requires assistance from a knowledgeable family attorney. By working with our West Caldwell marital agreement lawyers, you could ease your concerns, whether you are actively seeking a divorce or want to simplify the legal process.
Are Marital Contracts Required in West Caldwell?
In many states, “marital agreement” is a blanket term used to refer to things like prenuptials and postnuptials that a couple might draft well in advance of a divorce. In New Jersey, divorcing parties are required to draft Marital Settlement Agreements (MSAs) or Property Settlement Agreements (PSAs), if no preexisting contract exists.
Alternatively, if a couple wants to separate but is not ready to commit to dissolving their marriage, they have the option of drafting a separation agreement. A separation agreement is meant to be an interim resolution of a majority of the issues an MSA or PSA would address, while not legally obtaining a final divorce. For example, rather than necessitating the final division of shared assets, this type of arrangement could set a separation date for assets, should the parties divorce, or fix a financial support while the parties live separate for a period of time to decide how they wish to proceed.
Furthermore, although it is legally binding and enforceable, a separation agreement does not have to be filed with a court to be in effect. A seasoned marriage contract attorney in West Caldwell can clarify what choices a particular couple might have and help them pursue the option that best suits their circumstances and needs.
What Could a Marriage Agreement Address?
Whether it is drafted prior to marriage, after vows are exchanged, or during the divorce process, a marital agreement can address various disputes that may arise over the course of a marriage and within a divorce. These could include, but are not limited to:
- Ownership of assets and liability for debts
- Spousal support obligations, including procedures for modifying those obligations in the future
- Child support obligations
- Rights and obligations pertaining to life insurance policies and associated death benefits
Notably, judges do not review MSAs/PSAs to determine if they are fair and equitable. A marital agreement lawyer in West Caldwell will provide more information about what may be possible in a particular situation.
Talk to a West Caldwell Marital Agreement Attorney Today
Marriage is complicated even under the best of circumstances. Without a firm understanding of how state law governs marriage contracts, you may have a difficult time resolving your divorce in a way that suitably protects your interests and rights.
Our West Caldwell marital agreement lawyers can provide compassionate guidance and support with forming, modifying, or enforcing your unique arrangement. Call our office today to learn more.