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Reconciliation Agreements

Reconciliation Agreements

Romantic relationships do not move in a straight line. Most married couples understand that even the strongest relationships are sometimes challenged and pushed to the breaking point before spouses are ready to give their marriage another chance. If you have already begun the divorce or separation process however, and have since reconciled with your spouse, with the help of an experienced family law attorney you can submit what is known as a “reconciliation agreement” to the court.

Reconciliation agreements are post-nuptial agreements which serve to reverse the actions of a separation agreement or filing for divorce. New Jersey Family Courts view reconciliation agreements favorably as it is the position of the courts that marriages should be mended when possible.

The reconciliation agreement attorneys of Jacobs Berger take pride in serving married couples from our local Morris County communities including Morristown, Madison, Randolph, Denville, Florham Park, Morris Plains, Tewksbury, and across all of Northern New Jersey. Our firm views each family law case we take as an opportunity to help lay the foundation for our clients’ futures. For those wishing to reconcile after filing for divorce or signing a separation agreement, we will strive to clear up the legal red tape so you can move on with your marriage.

Call our office today for a strategic planning session with one of our qualified divorce and family law attorneys regarding your potential reconciliation agreement and to learn more about how we can best serve your needs.

What Is a Reconciliation Agreement?

Reconciliation agreements are official agreements between spouses that they no longer wish to seek a divorce or dissolution. While many reconciliation agreements come on the heels of formal legal filings including filing for divorce or filing for separation, this is not always the case. Some couples have merely discussed divorce or perhaps a spouse has outright stated that they intend to file for divorce. Within the context of these agreements, terms may be included which address financial and other practical considerations if the couple should eventually divorce.

Regardless of where you and your spouse are in the legal process, reconciliation agreements are a way to address the issues which led to the desire to divorce. It is important that reconciliation agreements state any and all significant marital disputes and lay out concrete and actionable solutions to those problems. Our Morristown married couples’ attorneys will work with you and your spouse to identify the topics which need addressing and make sure both parties are satisfied with the terms of your reconciliation agreement.

Reconciliation Agreement Lawyers Help Clients File Petitions

There are three basic scenarios that our Madison reconciliation agreement lawyers have dealt with for couples drafting reconciliation agreements. These different scenarios may impact legal filing, but they do not have a significant impact on the overall content and intent behind reconciliation agreements.

The divorce process has started. If either party has filed for divorce, the legal wheels have already begun to turn. In this situation, your reconciliation agreement must address the reasons why you or your spouse filed for divorce. For fault divorces, these issues can include adultery, substance abuse, and more. More commonly, no-fault divorces cite irreconcilable differences or separation.

You and your spouse have signed a separation agreement. Separation agreements are not technically part of the divorce process, but they are a legal indication that you and your spouse are considering divorce. Again, separation agreements generally list reasons for the split, and those must be covered by an enforceable reconciliation agreement.

No legal process has yet begun. In this scenario, there is no need to file an agreement with the court system as there is no existing case. However, the terms of reconciliation agreements are still enforceable in the case of a divorce down the line.

What Issues are Included in Reconciliation Agreements?

Like other marital agreements such as pre-nuptial or post-nuptial agreements, reconciliation agreements can cover a wide array of topics. Most commonly, reconciliation agreements will have considerations for the equitable division of assets in case of a future divorce or separation. Issues including child custody and child support may not be written into reconciliation agreements as those will be determined for the best interest of the child, not in accordance to the wishes of the parents.

It is important to remember that reconciliation agreements are made with the intention of staying in the marriage, but are often entered into during a difficult or tumultuous personal time. For this reason, judges will be careful to examine the terms of all reconciliation agreements to ensure that neither party was coerced into agreeing to unfavorable terms in order to make a “sacrifice” or to make up for previous indiscretions.

Contact our Reconciliation Agreement Attorneys Today

At Jacobs Berger, our attorneys understand that re-forming a strong marriage is a difficult and admirable thing to do. We offer dynamic and personalized legal solutions to our clients seeking reconciliation agreements across New Jersey. Lean on our experience to help you and your spouse draft a fair and enforceable reconciliation agreement that will help to secure the future of your marriage.

Contact us online or through our Morristown offices by dialing (973) 354-4551 today for a strategic planning session regarding your individual needs and concerned when it comes to your reconciliation agreement.