Morristown Marital Settlement Agreement Attorneys

• Child support. The MSA must set a financial baseline for the children's day-to-day needs, calculated in accordance with the New Jersey Child Support Guidelines. The agreement must explicitly state the weekly or monthly support figure and designate the method of payment. Beyond the base amount, the document must also address variable expenses that fall outside the standard guidelines.
• Child custody and parenting time. The MSA must establish a clear legal framework for the care of your children, distinguishing between legal custody regarding major decisions and physical custody regarding residence. It requires a granular parenting schedule that dictates where the children sleep on weekdays, weekends, and school breaks, as well as a rotation for major holidays. Because New Jersey law can require divorced parents to contribute to higher education, the agreement should also address college expenses, setting parameters for contribution to prevent future litigation over university costs.

Our lawyers at Foster & Burke understand what should be included in a strong MSA and how to effectively draft these contracts. We can work closely with you to understand your needs and priorities as we negotiate each element and pursue resolutions to disputes. 

Is a Judge Required to Accept Our New Jersey Marital Settlement Agreement?

New Jersey courts operate under a strong public policy favoring settlement, meaning judges generally accept and enforce MSAs without altering the terms you and your spouse negotiated. Because the law views your agreement as a binding private contract, a judge will typically not second-guess how you choose to divide your assets or structure your alimony, provided the terms are not “unconscionable,” a legal standard meaning drastically unfair or one-sided. As long as both parties enter the agreement voluntarily, with full financial disclosure, and without coercion or duress, the court rarely intervenes in property and spousal support matters, preferring to let you control your own financial future.

However, the court retains a distinct and non-negotiable oversight role regarding your children. A judge has an independent obligation to protect the best interests of the child and can reject or modify any custody or support provision that fails to meet this standard. For example, a judge will likely reject a clause that waives child support entirely or restricts a parent’s contact to a degree that harms the child's welfare. While our attorneys can draft these sections to align strictly with legal standards to minimize the likelihood of judicial rejection, the court ultimately holds the final authority to determine if the arrangement sufficiently provides for your children's safety and financial needs. 

Can a New Jersey Marital Settlement Agreement Be Changed?

Life rarely stands still after a divorce, and New Jersey law generally recognizes that significant shifts in your circumstances, such as a job loss or health crisis, may require adjustments to your MSA. Either party is typically allowed to petition the court for a modification if they can demonstrate a "substantial change in circumstances." This flexibility is mandatory for matters involving children. Because the court always prioritizes the best interests of the child, you generally cannot waive the right to modify child custody or child support.

However, while the default rule allows for alimony modification, you and your spouse can voluntarily agree to an "anti-Lepis" clause, which explicitly locks in your spousal support terms regardless of future financial changes. Furthermore, the equitable distribution of your assets and debts is almost always final to provide permanent closure, meaning a judge will typically only reopen the property division in rare instances of fraud or hidden assets.

Our thoughtful guidance and tireless advocacy can help you achieve your goals and settle your divorce outside the courtroom. Call (973) 381-2720 or contact us online to schedule an initial consultation.