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. While you can make generous arrangements for children under a marriage contract and try to decide on issues of care and visitation, you cannot limit or omit your obligation to assist your minor children. Custody, home visit and child support issues are still being considered by the courts and New York law requires the court to determine what is in the best interests of the child. 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. While it is difficult to challenge the marriage contract, if you need legal assistance to establish a matrimonial transaction contract and have other questions, contact Fass-Greenberg for a consultation. Let`s help yourself in this transition for you and your family. 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. 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. 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.