In New Jersey, a Marital Settlement Agreement, sometimes referred to as a Property Settlement Agreement or a Marital Separation Agreement, is a legal document that outlines the terms of a divorce and serves as a blueprint for the relationship between former spouses after divorce. The kind of settlement you’ll need depends on whether you have children and what marital property you share.
At Graziano & Flynn, our divorce lawyers understand the items critical for a successful MSA and will guide you through the process, communicating with you every step of the way.
It’s unlikely that you would need an MSA if you share no assets and have no children with your spouse. However, if that’s not the case, having an MSA in place can make divorce pleadings less complicated and more amicable, allowing you to avoid litigation in court. Such an agreement can save you time and money, and help you avoid adding stress to the process.
Child custody and parenting time agreements can be modified until the child reaches the age of 18. To modify a child custody order, you must file a motion and provide sufficient evidence to suggest a change in circumstances that requires a post-judgment modification.
Hiring a divorce lawyer to assist with drafting your MSA can help protect your familial and financial interests. At Graziano & Flynn, our experienced divorce lawyers have the extensive legal training required to draft enforceable agreements that address all of the relevant issues in your divorce.
While an MSA isn’t required, it can help you save time and money by avoiding formal litigation. A settlement agreement allows you to maintain control over the terms of your divorce without the stress and expense of battling it out in court. You get to decide, along with your spouse, what your relationship will look like moving forward in a financial and familial sense.
No, there is no Statute of Limitations on a marital settlement agreement. However, completing the agreement promptly is still important, as it will dictate many post-divorce conditions. Additionally, while there may be no time requirement on the agreement, it must still adhere to New Jersey public policy because any clause in violation of the law will be void.
A settlement agreement can be changed if both spouses consent. Additionally, it’s important to know that a Court will not modify certain terms like property division or alimony unless the MSA contains language permitting judicial intervention or unless a substantial change in circumstances has occurred
At Graziano & Flynn, we understand the emotional strain that can arise through a divorce. Our empathetic family law attorneys will guide you through every step of the divorce proceedings to empower you to make the best choices for you and your family.
Contact us today for a free legal consultation!