IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:
| Name: | Date of Birth: |
| ____________________ | _____________ _____________, ____________________ |
IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.
SIGNED by ________________
In the presence of:
SIGNED by ________________
In the presence of:
THE STATE OF NEW JERSEY
COUNTY OF ____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________, 20___.
THE STATE OF NEW JERSEY
COUNTY OF ____________________
I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.
Given my hand and seal this ___ day of ____________________,20___.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF NEW JERSEY
COUNTY OF ____________________
I, _______________________________, of the City of ___________________________, in the State of New Jersey, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of _________________, in the State of New Jersey this ___day of _________, 20___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
THE STATE OF NEW JERSEY
COUNTY OF ____________________
I, _______________________________, of the City of _________________________, in the State of New Jersey, Attorney, DO HEREBY CERTIFY:
THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.
DATED at the City of __________________, in the State of New Jersey this ___day of _________, 20___.
________________________
Print Name: ____________
Attorney
I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.
Sometimes, it is easy to tell when a marriage is at its tail end. However, having worked hard to get where why are, most couples (often one party) choose to fight for their marriages with everything they have. Some marriages cannot be salvaged though!
For some marriages, a legal separation represents that one card in the back pocket – that card that saves the marriage, or the friendship between husband and wife.
This is a legal judgment that allows married couples to lead separate lives but to remain legally married. While legal separation is recognized in other states, it isn’t recognized formally by the courts in the state of New Jersey.
Even so, couples can legally separate from each other. It is actually simple, you and your spouse can choose to live in different homes. You can then formalize agreements to take of the practical elements like child custody, child support, child visitation rights, asset distribution, and debt distribution, among other elements.
Since the courts don’t recognize legal separation, it means that spouses are free to move around without the help of the court. Also, the separated couple is still married. You still legally bound and you have joint debt repayments, and support of your children.
A legal separation is viable in New Jersey if you need some physical space, but you want to keep your doors open in case of a possible reconciliation. However, it comes in form of a separation agreement.
If you choose to live separate from each other physically, you can draft an agreement with the help of your attorney. This will stipulate all the terms of your separation. Note that this New Jersey marital separation agreement stays between you, your spouse, and your attorney as it will not be filed with the family law court. It has to be written, signed by both spouses and notarized.
You should remember that although a healthy break may help your marriage, you should not neglect your kids and your financial assets during the separation, even if you are seeing a marriage counselor.
You should be prepared to keep your family afloat. Also, you should consider the emotional and the financial needs of your family.
Note that separation agreements may “freeze” debts and assets preventing either spouse from selling assets of incurring more debt.
The separation agreement should also cover what will happen if the couple doesn’t reconcile during the period of separation.
If one spouse is not cooperative in reaching a separation agreement, refuses to pay the agreed support payments, refuses child visitation, or he or she cuts off communication, then either spouse has the right to file a complaint with the Supreme Court of New Jersey seeking child support, custody or visitation, without having to file for a divorce.
If a couple doesn’t want an absolute divorce, they can file for a Divorce from bed and board. This is legally acceptable. It helps resolve child custody, divorce, and visitation rights. It also helps with matters of alimony and division of property, and you do not require a formal divorce decree. This option also works when you have religious reasons against divorce.
You don’t have to be separated from your spouse to file for a divorce, well, unless you want to base your divorce on the fact that you were separated. If that is your reason, then you must have separated for at least 18 months before filing for a divorce.
But, you can still file for a divorce based on Irreconcilable Differences if you cannot wait for the 18 months to elapse.
That said, if you wish to end the disputes and separate easily, you can take the easy road by filling above mentioned steps to get a copy of a sample New Jersey Marital Separation Agreement.
Whether you live in Newark, Jersey City, Paterson, Elizabeth, Edison, Toms River, Clifton, Trenton, Brick Township or any other city of New Jersey, you can use our legal forms easily.
Sample Marital Separation Agreement