Morris County Marital Agreements Lawyer
People often enter marital agreements to resolve issues surrounding their divorce. There are often disagreements about alimony and child custody, so an agreement is necessary to move forward. Sometimes informal verbal agreements are enough to handle the situation, but in other instances, litigation is needed. Courts will look to any existing marital agreements when adjudicating divorce.
If you are having difficulties in your marriage or have begun divorce proceedings, it may be wise to create a contract outlining certain rules with your spouse and a Morris County marital agreements lawyer. Coming to amicable agreements could not only ensure that your wishes are respected, but also save time and money on drawn-out divorce proceedings. If you and your spouse agree on most aspects, a seasoned family lawyer may be able to draft an agreement in hours.
Marital Agreement Basics in Morris County
A marital agreement is a contract signed by both spouses addressing any and all issues in a divorce. Once signed, spouses can present their agreement to the court and obtain a no-contest divorce. A marital agreement can only be ratified after all evidence, assets, and issues have been disclosed and dealt with.
Valid marital agreements should cover everything the parties want to address from distribution of property, loans and debts, distribution of retirement assets, custody of children, parenting time, contributions for children’s expenses, child support payments, and selling property. Agreements should cover as much as possible and try to project into the future to avoid post-judgment issues. These agreements could act as a guide book for post-divorce actions, potentially minimizing disputes.
Common Reasons for Drafting a Marital Contract
Marital agreements are very common and generally recommended for every divorce. All divorces should have a marital settlement agreement to protect everybody’s rights and clearly define what should happen moving forward.
People choose marital agreements to avoid additional conflict after their divorce. They want to know those issues have been addressed and resolved satisfactorily. Verbal agreements are not binding, so many people appreciate that a marital agreement is usually enforceable by law. Morris County marital agreement lawyers could act as an advocate during asset division negotiations.
Different Types of Marriage Accords
One type of common marital contract is a mid-marriage agreement which is usually employed when a couple is separated or their marriage is on the verge of a breakdown. Spouses could enter this form of agreement to remain married and attempt reconciliation. Many couples opt for mid-marriage agreements when they are not quite ready to completely end a marriage but require substantive and difficult change.
There may also be mid-divorce agreements such as pendente lite agreements. These agreements are usually temporary measures to ensure financial support and custody arrangements during divorce proceedings, but before permanent schedules are developed.
Exceptions to What a Morris County Marital Agreement May Cover
A marital agreement cannot bind people who are not a party to the divorce. Additionally, marital settlements usually cannot restrict one parent’s access to a child. Most determinations regarding children will be made by a judge in the child’s best interest. Likewise, modifications to child support may not be valid in a marital agreement.
Marital Agreement Timeframe in
The length of time for a marital agreement to be formalized can vary greatly depending on how amicable the parties are with each other during negotiations. Another factor may also include the extent of the marital estate and assets.
If the parties have businesses that must be valued by forensic accountants and appraisals conducted for real estate finalizing the agreement may be dependent on the values of those assets and reaching an agreement regarding their distribution. All these additional steps mean that the finalization of an agreement may take more time. However, if both parties are able to agree on everything, the process may only take a few hours or days for a lawyer to draft the agreement and to have the document signed and notarized.
Every point of negotiation or alteration to the language of the document will delay resolution. The more amicable the parties are, the more forthcoming with information they are, and the more cooperatively they work together could help finish a divorce case.
How a Seasoned Divorce Lawyer Could Help
Having an experienced New Jersey marital agreement lawyer could potentially speed up the marital agreement drafting process. Lawyers have experience with cases of this sort, what a fair settlement looks like, and how to navigate the complex process of litigation. If you need a quicker and more amicable end to your marriage, contact a Morris County marital agreements lawyer today.