SETTLING YOUR MATRIMONIAL MATTER BY ENTERING INTO AN AGREEMENT
If you and your spouse have decided that you no longer wish to be married, or if you wish to separate from one another while remaining married, you can define your legal rights by way of an agreement between you instead of going to Court.
If you and your spouse wish to separate from one another while remaining legally married, you can enter into a separation agreement. In separation agreements, all of the issues that would be addressed in a divorce can be addressed, including, but not limited to custody, child support, spousal maintenance, payment of debts, and property rights. The separation agreement is filed with the Court and can be later incorporated into a Judgment of Divorce if you do later decide to get divorced.
If you and your spouse want to get divorced and are able to agree on settlement terms, you can enter into a Stipulation of Settlement or Settlement Agreement. The terms of either the Stipulation of Settlement or Settlement Agreement can be later incorporated into your judgment of divorce.
The purpose of entering into a Stipulation or Agreement instead of going to Court is to resolve all outstanding issues without the need to proceed in Court. If you and your spouse are able to resolve the terms and conditions of your divorce, Court intervention may never be necessary, which saves both of you time and money.
While your local Judges are well versed in the current laws governing matrimonial actions, they don’t know you and your family intimately. A decision from a Judge may not always include the terms you may have envisioned for your family after divorce. For this reason, many couples decide to negotiate and agree to terms that they feel are well suited to them given their personal circumstances rather than submit their issues to a Judge for resolution.
It is important to ensure that current laws and appropriate terms are incorporated into any agreement into which you may enter. If appropriate terms and current laws are not reflected in the agreement, it may not be enforceable in Court. This means that if you have to commence an action to enforce terms of the agreement with which the other party is not complying, the Court may strike or invalidate the terms instead of enforcing them. Your spouse may also come to Court seeking to invalidate terms of your agreement if those terms do not comply with the governing laws.
At Westchester Matrimonial, our attorneys are experienced in the negotiation, review, and drafting of agreements for our clients. Westchester Matrimonial attorneys are familiar with the current state of the law governing matrimonial actions and are experienced in preparing comprehensive, enforceable agreements. Westchester Matrimonial attorneys also have experience in reviewing and revising agreements drafted by other attorneys. We are committed to meeting our client’s needs and assisting our clients in resolving their matrimonial matters.
Contact a Westchester Matrimonial attorney today for assistance with settling your matrimonial matter and drafting an agreement that works best for your family.