Download New Jersey Marital Separation Agreement Form [PDF]

The New Jersey marital separation agreement form is a legal document in which married couples can specify the conditions of their separation.

Some of the matters that should be included in the separation agreement template are child custody, spousal support, and division of property. Spouses can address all the matters important to separation without getting divorced.

If couples decide to try and fix their marriage, their separation agreement will be revoked.

Is a Separation Agreement Legal in New Jersey?

Yes, a separation agreement is legal in New Jersey. However, the state does not allow separation to be a legal marital status, so spouses must create a private contract.

Laws and Legal Requirements for a Marital Separation Agreement in New Jersey

The laws and legal requirements for a marital separation agreement in New Jersey establish guidelines for couples seeking formal separation while protecting their legal rights. 

Courts in New Jersey do not recognize legal separation, which means that a separation agreement form cannot be validated in court. Spouses can still draft a separation agreement and treat it as a private contract.

Under Section 2A:34-23 of the New Jersey Statutes, married couples can ask the court for alimony during separation. The court will then decide on matters like spousal and child support while keeping in mind both spouse's financial situations.

Signing Requirements for a Marital Separation Agreement in New Jersey

The signing requirements for a marital separation agreement are that the document must be filed in writing and signed by both spouses willingly. The notary public may be present during the signing, but it is not required by law. It will add validity to the document.

What Does a Marital Separation Agreement in New Jersey Cover?

A marital separation agreement in New Jersey covers key areas of the separation process in order to assist married couples in experiencing stress-free transition. Anything significant that a couple wishes to be legally binding should be included in a separation agreement.

Spousal support is court-ordered payments from one spouse to the other after a separation or divorce. This support is important when one spouse is unemployed and unable to secure employment because of their circumstances.

Marital property needs to be divided in these situations, and it should be done for mutual satisfaction. 

Dividing real estate can directly influence living arrangements; if the arrangement states that one spouse should get the marital house, the other one needs to find another place to stay.