A Matrimonial settlement agreement is a contract between the spouses that’s a legally binding document that outlines the terms and conditions agreed upon by both spouses during the divorce process. This agreement covers all aspects of the divorce, such as the division of assets, custody arrangements, spousal support, and other relevant financial matters. It provides a clear framework for both parties to follow after the divorce is finalized.

The agreement is designed to address all key aspects of the divorce in detail. This includes property division, which outlines how assets and debts will be divided between the two spouses. It also covers spousal support, detailing if one party will provide financial assistance to the other, and the duration of that support. Child custody arrangements, co-parenting schedules, and child support obligations are also included if children are involved.

A divorce mediator plays a critical role in identifying specific issues for the couple to decide future conduct. They help couples through this process by ensuring that all relevant issues are addressed in the settlement. The goal is to create a fair and balanced agreement that reflects both parties' needs and prevents future disputes.

​Most divorce mediators prepare a Memorandum of Understanding (MOU), which is not a legal document, and it’s not acceptable by the court. If a couple receives a MOU from a mediator, the couple must understand that they will need to bring the MOU to two divorce attorneys, who will utilize the MOU to create the actual Matrimonial Settlement Agreement (MSA). There are some mediators that are attorneys and provide the couple with the option of creating the MOU or the MSA. Only New Jersey attorneys in good standing may prepare the MSA. Nicholas De Metro of Montclair Divorce Mediation is one of the few mediators who prepares the MSA for his clients. Thereby, the couple don’t need or require retaining two divorce attorneys to prepare the MSA, saving the couple of thousands of dollars in legal fees.

The Matrimonial Settlement Agreement serves multiple purposes. First, it acts as a comprehensive guide that both parties can refer to, helping avoid misunderstandings or disagreements post-divorce. By having a clear plan in writing, both parties understand their rights and responsibilities moving forward.

The agreement also helps avoid future litigation. Without a properly drafted MSA, disputes can arise after the divorce, especially when circumstances change, such as changes in income or child custody arrangements. A well-constructed agreement anticipates these changes and includes provisions to address them, which can save both time and money on post-divorce litigation.

Another important aspect is that the agreement provides legal protection. Once signed and approved by a judge, the settlement becomes a court order. This means that if one party fails to comply with the terms, legal enforcement can be sought. In some cases, failure to follow the terms could result in fines, penalties, or other legal consequences.

Couples negotiate the terms with a mediator to create the basis for a settlement agreement. Mediation is a popular option as it allows for open discussions in a neutral setting. The mediator helps guide the conversation and ensures that all relevant matters are considered.

​Once the couple agrees on the terms, most mediators draft the MOU, which both parties must review. After making any necessary adjustments, the MOU is submitted to the two divorce attorneys that prepare the MSA.  Unless, you utilize Nicholas De Metro as your mediator who will prepare the MSA for you.  The MSA is the document that you submit to the    court for approval. Once approved, the agreement is incorporated into the final divorce judgment, making it legally enforceable.

​A well-drafted matrimonial  settlement agreement ensures fairness and provides stability for both parties. By clearly outlining the division of property and ongoing financial obligations, it minimizes uncertainty and ensures both parties can plan for the future. For couples with children, having a clear custody and support plan in place helps reduce the stress on the family, providing consistency for the children involved.

​By working with a skilled mediator, couples can create an agreement that reduces the risk of future conflict. The settlement ensures that each party understands their role and that issues are resolved without the need for additional court intervention.

At Montclair Divorce Mediation, we specialize in helping couples in New Jersey create fair and comprehensive matrimonial settlement agreements. Led by Nicholas De Metro, Esq., a licensed attorney and accredited divorce  mediator, we provide personalized mediation services that ensure both parties understand their rights and obligations.

Our approach prioritizes cooperation, helping you avoid costly and lengthy litigation. With both in-person and virtual sessions available, we make the process as convenient and stress-free as possible. Contact us today to schedule a free consultation and take the first step toward a peaceful resolution.

When considering a divorce in New Jersey, having a clear understanding of the legal process is essential. From child custody and support to the grounds for divorce, being informed about New Jersey divorce law can ease the journey ahead. Below, we address key questions surrounding the state’s divorce laws to help guide you through this important transition.

Before filing for divorce, one of the spouses must meet the residency requirement. In New Jersey, at least one spouse must have lived in the state for at least one year before filing.

New Jersey offers both fault and no-fault grounds for divorce. The most common at fault ground is irreconcilable differences, where the marriage has been broken for at least six months with no reasonable prospect of reconciliation. This option is popular because it does not require either party to prove wrongdoing. 

Fault-based grounds include adultery, desertion, extreme cruelty, addiction to drugs or alcohol, and deviant sexual conduct. While these grounds may influence certain aspects of the divorce they do not affect the equitable distribution of assets.

New Jersey follows the principle of equitable distribution when dividing marital property. This does not necessarily mean a 50/50 split. Instead, the court aims for a fair division based on factors such as the length of the marriage, each spouse's contributions (financial and non-financial), and the economic circumstances of each spouse at the time of the divorce to name a few. However, in mediation, the couple decides the splitting of the marital assets, debts, as well as the co-parenting decisions.

​Marital property includes assets and debts acquired during the marriage, while non-marital property (such as gifts or inheritances received by one spouse) is typically excluded from the division. Couples are encouraged to reach their own agreement on property division through divorce mediation, which avoids the uncertainty of a court ruling.

In New Jersey, the court prioritizes the best interests of the child when determining custody arrangements. Custody can be legal or physical. Legal custody refers to decision-making authority over important matters like education and healthcare, while physical custody refers to where the child lives.

Parents may share joint custody, or one parent may have sole custody, with the other receiving visitation rights. The court considers factors such as each parent’s ability to cooperate, the child’s relationship with each parent, and the child’s needs. Courts generally favor joint custody to ensure both parents remain involved in the child’s life.

Child support in New Jersey is determined using specific guidelines that consider both parents' incomes, the amount of overnights the children have with each parent, and some offsets and credits. The goal is to ensure the children maintain a standard of living similar to what they would have had if the parents had stayed together.

​If one parent has the children at least 51% of the time, that parent is the primary residential custodial parent. The other parent is considered the alternate residential parent. The higher income parent may be the alternate custodial parent who typically makes child support payments to the primary custodial parent, though the exact amount varies based on factors such as, which parent is providing the healthcare insurance to the children. Both parents are expected to contribute to the children's expenses.

Alimony, or spousal support, may be awarded in certain divorces to help a lower-earning spouse maintain financial stability. New Jersey courts consider factors such as the length of the marriage, each spouse's income and earning potential, and the standard of living established during the marriage to name a few of the factors.

There are different types of alimony, including temporary alimony, which is paid during the divorce process, reimbursement alimony, rehabilitative alimony, limited duration alimony, and open durational alimony, which is for marriages 20 years or longer.  Alimony payments may be adjusted or terminated based on changes in circumstances, such as the recipient remarrying.

New Jersey divorce law covers a wide range of issues, from property division to child custody and support. Understanding these laws helps ensure you're better prepared for the divorce process.

At Montclair Divorce Mediation, we specialize in guiding couples through the divorce process efficiently and affordably. Led by Nicholas De Metro, Esq., an accredited divorce mediator and licensed New Jersey attorney, we offer personalized mediation services that help you understand your rights and reach amicable agreements on property division, custody, and support.

Our approach is designed to reduce conflict and save you the time and costs of litigation. Whether through in-person or virtual sessions, we are here to help. Contact us for a free consultation and start your journey toward a peaceful resolution.