The only difference between a separation agreement and a marriage comparison contract or agreement is that, in the latter case, a divorce action must be pending before the parties sign the contract. The terms of the agreement are then included in a divorce judgment. Once the parties are divorced, they may remarry, are no longer allowed to remain in each other`s health insurance plans and can distribute pension benefits to the other spouse without tax consequences, in accordance with the terms of the contract. If you and your spouse decide to divorce and are able to agree on issues such as property rights, marital and child custody obligations, as well as custody and visitation rules, you can enter into a marital settlement agreement. Sometimes this agreement is called a condition of colonization. The divorce contract will later be filed in court and will form part of your divorce judgment, also known as the divorce judgment. In the event of separation or divorce, this agreement will serve as a written record of how the couple decided to manage the aspects of their lives that are shared. This may include childcare, spising and separation of property. It is very important for each spouse to note that there are laws governing how this type of agreement can be effective. When a couple decides to divorce, all of their custody, custody, support and property distributions are resolved either by a judge after the trial or, in most cases, by mutual agreement between the parties. This agreement is established after full disclosure of the finances of both parties, valuations/assessments of marital assets, such as a home, annuity and/or business, and, in some cases, expert advice on liability plans. Once the “discovery phase” is complete, lawyers for both parties negotiate terms to find a solution and include those conditions in an agreement. This agreement must be signed by each person and certified notarized before it can become binding.

Before such an agreement is reached, the outgoing couple should hire New York lawyers to defend their best interests. Since there is a legal component related to a marital transaction contract, a lawyer must be involved in every step of the process. At Fass and Greenberg, our Gartenstadt divorce lawyers are aware of the stages of the divorce and can give you the legal advice you need. A marital transaction contract can take up much of the stress of the end of your marriage. By concluding all the conditions in advance, you and your spouse can avoid legal appearances and misunderstandings. A well thought-out, negotiated and carefully written matrimonial transaction contract can show the court that you and your spouse have considered all matters relating to your particular situation. This can lead to a quicker and less costly divorce and avoid an exam that can be time-consuming and expensive. It is also important to have a lawyer involved so that the interests of each person are represented by their respective lawyers, even if both agree with the terms. Garden City NY divorce lawyers can also help propose changes to this agreement in order to make it fairer if necessary.

If you need the help of a lawyer to establish a marital transaction contract and you have other questions, contact Fass-Greenberg for a consultation. Let`s help yourself in this transition for you and your family. Marital transaction agreements are valid and enforceable contracts. As soon as a court issues a divorce judgment involving a marriage conciliation agreement, the case is generally final and the divorce cannot be challenged. However, there are limited circumstances in which you or your spouse can challenge the validity of a divorce judgment that includes a marriage settlement agreement. As a general rule, the court will not declare a marital transaction agreement invalid if such an agreement has been negotiated and both parties are represented by counsel.