In the event of separation or divorce, this agreement serves as a written record of how the couple has decided to handle the aspects of their lives that are shared. This may include child custody, spouse maintenance, and separation of property. It is very important for each spouse to keep in mind that there are laws that govern how this type of agreement can come into effect. The only difference between a separation agreement and a conjugal agreement or settlement agreement is that, in the latter case, a divorce action must be pending before the parties conclude the agreement. The terms of the agreement are then included in a divorce decree. Once divorced, the parties can remarry, are no longer allowed to stay in each other`s health insurance plans, and can distribute pension funds to the other spouse without tax consequences, in accordance with the terms of the agreement. If a couple chooses to divorce, all of their custody, child maintenance, alimony and division of property are resolved either by a judge after the trial or, in most cases, by agreement between the parties. This agreement is established after full disclosure of both parties` finances, valuations/valuations of marital assets such as a home, pension and/or business and, in some cases, according to expert opinions on custody agreements. Once the “discovery phase” is complete, lawyers for both sides negotiate terms to find a solution and incorporate those terms into an agreement. This agreement must be signed by any person and certified notarized before it can become mandatory.

Before entering into such a deal, the outgoing couple would have to hire New York divorce lawyers to defend their best interests. Since there is a legal component related to a marital agreement, a lawyer must be involved at every stage of this trial. At Fass & Greenberg, our divorce lawyers in Garden City know the steps of a divorce and can give you the legal advice you need. In case you have concluded and signed the agreement, a lawyer can help make changes. However, before these changes can be made, both parties must agree with them and understand that they will be necessary in the future. The most important thing is that all amendments to the agreement must be signed by both parties with the same formality, i.e. certified notarized and recognized, with the same formality as the initial agreement. It is also important to involve a lawyer so that the interests of each person are represented by their respective lawyers, even if both agree with the conditions. Garden City NY divorce lawyers can also help propose changes to this agreement to make it fairer if necessary.

While you can, in a marriage agreement, make generous arrangements for the children and try to decide custody and access issues, you cannot limit or omit your obligation to help your minor children.. . . .