A martial agreement is a powerful tool. It can help New Jersey residents work out particular financial and property-based matters that may affect their rights during their marriages. As many people know, marital agreements can also help individuals settle their divorces faster, as certain important decisions and discussions have already happened in the preparation of their contracts.
Despite the fact that martial agreements can provide clarity on certain important divorce-related topics, there are some matters that cannot be stipulated in them. Particularly, marital agreements cannot bind parties to any terms that concern their children.
When parents go through divorces their courts will attempt to protect their children's best interests in the implementation of custody plans and support orders. Because the needs of children change over time, it is not possible for their parents to make decisions about their care before they have even considered filing for divorce.
Additionally, marital agreements cannot bind the parties to do anything illegal or to engage in illegal activity. Martial agreements cannot be used to incentive divorce, and marital agreements also cannot be used to establish personal expectations about a couple's marriage. That means that while a marital agreement can establish financial expectations about how the parties will handle their money, they cannot set up rules for how the couple shares chores or where they will vacation in their contract.
When a person is preparing to create a marital agreement, they should always check the law to ensure that they are working with the most up-to-date information. Working with an attorney is a good way to ensure that one's rights are protected as they prepare their marital agreement.