As with any type of legal contract, divorce agreements are worth nothing to either party if they are not able to be legally enforced. There are a wide array of complex financial and personal issues which can be addressed through a settlement or divorce agreement including alimony, child support, child custody, division or marital assets, and much more. In order to write a solid and enforceable divorce agreement, it can be invaluable to work with a qualified and experienced divorce and family legal professional.
Today, our divorce settlement agreement attorneys will be discussing what actions and/or behaviors can lead to a divorce agreement being unenforceable and why working with a divorce lawyer is the best way to protect your legal rights.
Bergen County, NJ Divorce Settlement Agreement Lawyers Discuss Unenforceable Divorce Agreements
No two divorces are exactly alike. Therefore no two divorce agreements will be alike either. However, there are a handful of guiding principals which your Bergen County divorce agreement lawyers will use to help ensure that your divorce or settlement agreements hold legal water. There are two common reasons that divorce settlement agreements may not be enforceable in New Jersey:
Untenable Settlement Agreement Terms – It is important to understand that divorce settlement agreements are different from divorce decrees. While your divorce settlement agreement can in theory say literally anything and both parties can consent to sign, that does not mean that a New Jersey Superior Court judge will accept the terms of your agreement. A common example might be child support terms which are agreed upon by parents, but do not serve the best interests of the child or children.
Unlawful procedure – For a divorce settlement agreement to be fully enforceable, it must be signed under lawful circumstances and should also be filed and/or incorporated into the formal divorce decree. To learn more about the specifics of New Jersey divorce filings, call our office today to speak with a Bergen County divorce agreement lawyer.
Paramus Separation and Divorce Settlement Agreement Attorneys Identify New Jersey Contract Law
Beyond specific considerations given to divorce paperwork, your Paramus separation and divorce settlement agreement attorneys should be able to identify any potential red flags when it comes to any kind of legal contract. Pursuant to both federal and New Jersey regulations, any of the following infractions could potentially lead to your marital agreement being modified or outright dismissed in a court of law:
Unconscionable Terms – extremely unfair, unjust, or exploitative terms are not considered legally enforceable. An extreme example might be spouses agreeing to alimony payments which are 80% of the payor’s gross income.
Fraudulent Activity by either party – financial or other forms of fraud which had a material impact on the terms of your settlement agreement may render the contract null and void. This often includes hiding financial assets or other forms of money manipulation.
Mutual Error – a misunderstanding has equal potential to impact your divorce settlement agreement as an intentional manipulation. It goes without saying that mistakes are not part of anyone’s plan, but underlines the importance of working with an experienced and qualified divorce lawyer while coming to an agreement.
The list of potential complications goes on, and includes coercion or agreement under duress, undue influence, mental handicap, inadequate consideration, and more.
Contact our Hackensack Divorce and Marital Agreement Enforcement Attorneys Today
At The Law Offices of Townsend, Tomaio & Newmark, we urge clients to take their time to write enforceable divorce settlement agreements the first time through. Rather than risk modification, further legal proceedings, and potentially starting from scratch down the line, our experienced divorce attorneys are here to help. Our firm approaches divorce law with both a deep understanding of New Jersey law and a sensitive, dynamic approach for our clients from local Bergen County communities including Hackensack, Ridgewood, Fort Lee, Paramus, Teaneck, and all of Northern New Jersey.
If you or a loved one has any questions about drafting a divorce settlement agreement, modifying an existing agreement, or enforcing an existing agreement, please contact us online or call our Hackensack, NJ offices by dialing (201) 397-1750 today for a free and confidential consultation with a member of our divorce and family law legal team.
