New Jersey Separation Agreements Lawyer
Contrary to other states where parties can prepare and file a separation agreement, New Jersey does not have something that would be considered an equivalent. Instead, the state has what is called a mid-marriage agreement, which is essentially an agreement when the parties have either separated or if their marriage is on the brink of a breakdown. While it is more of a reconciliation agreement, there is no legally-binding separation agreement. Taking such drastic steps may be an overwhelming yet necessary decision for particular couples. If you have questions regarding a separation agreement, speak with a compassionate New Jersey separation agreements lawyer. An experienced family attorney could explain your rights and help you determine the best course of action for your case.
How to Get a Mid-Marriage Agreement Acknowledged in New Jersey
In the state of New Jersey, consideration is required for a mid-marriage agreement to be recognized. Consideration means that there has to be a give and a take. Each party must gain from the agreement because it is a contract. This could include terms of what a potential divorce may be if it does not work out in exchange for the other party agreeing to give the marriage another try.
While it is as close to a postnuptial agreement as one could get, it may only be done in those circumstances. Parties cannot do a postnup just for the sake of it as it is a mid-marriage agreement and is only for marriages falling apart. The consideration for doing it is that they will get back together or they will not break up. Individuals in New Jersey who wish to get a mid-marriage agreement recognized should speak with a hard-working separation agreements attorney for help.
Steps Involved in Preparing a Separation Agreement
When creating a mid-marriage agreement, both parties must initially agree that they want to prepare and enter into a mid-marriage agreement. There should be a disclosure of the items being addressed in that agreement, and both parties should have the opportunity to retain counsel to review and negotiate it so that there is no coercion.
One would want to ensure that each party is agreeing to the document freely and voluntarily and that no one is under any duress. The agreement needs to be fair under the circumstances, and it cannot be used as an extortion tactic or to benefit one person solely. It needs to be fairly negotiated with knowledge of what is going on. For instance, both parties must have all of the information available for them to analyze financial issues if these terms are being discussed. A New Jersey attorney who is familiar with the process of creating a mid-marriage agreement could provide a person with guidance and support.
Contact a New Jersey Separation Agreements Attorney
When attempting to create a mid-marriage agreement that respects the rights of both parties, a divorce lawyer typically focuses on the individual they are representing. The attorney’s role is also ensuring that the terms of the agreement comport with the law since one party may get a divorce or attempt to challenge it afterward.
The New Jersey separation agreements lawyer must also advise the person that there does need to be an exchange of information. Attorneys must encourage individuals to provide whatever information the other side needs to be able to make an educated decision as to whether or not it is a fair agreement. To learn more about a separation agreement, call today.