Separation Agreement “Forced” on Spouse is Unenforceable
Matrimonial law generally encourages couples who separate and divorce to resolve their disputes amicably. However, New Jersey Courts will not blindly enforce agreements, and the Courts have the authority to completely disregard agreements, as demonstrated by a recent New Jersey case involving a separation agreement.
Are “Stipulated Damages” Provisions in Marital Settlement Agreements Enforceable, Even If There Were No Actual Damages?
In New Jersey, Marital Settlement Agreements are contracts that are enforceable just like contracts outside the family law context – with some very important distinctions. Generally, Marital Settlement Agreements are enforceable to the extent they are “fair and...
Is Your Spouse Hiding Assets During Divorce?
How to divide assets is one of the most common sources of dispute in divorce. In New Jersey, marital property and debt are subject to equitable distribution, which means fair, but not necessarily equal, division between the parties. While New Jersey law requires the full disclosure of all assets, New Jersey Courts do not independently verify whether a party has fully and candidly disclosed all assets. Instead, it is up to the other party to “fact check” the accuracy of their spouse’s disclosures. An attorney, acting in concert with other professionals, has several methods to verify financial disclosures and find hidden assets.
Parent Sanctioned for Interfering with Child’s Therapy with Other Parent
When divorcing couples have children, New Jersey Courts make decisions based on the best interests of the child. That may include ordering the child and/or the parents to undergo therapy. If the parties refuse to submit to therapy or interfere with a child’s participation in therapy, courts will hold them accountable as evidenced by a recent New Jersey decision involving Court-ordered parent-child reunification therapy.
Why It Is Important to Agree that Life Insurance Can Be Reduced If Support Is Reduced
When a couple divorces, the party required to pay alimony and/or child support typically agrees to take out a specific amount of life insurance to secure his or her support obligations. Generally, the insurance policy names the former spouse or children as the beneficiaries. While a spousal support award may be modified in certain circumstances, it does not necessarily follow that the party’s life insurance obligations also will be reduced as evidenced by a recent New Jersey decision.
