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Property Settlement Agreements

Legal Help for Property Settlement, Agreements

One of the major aspects of the divorce process is dividing up the marital property.

All assets acquired during a marriage -- no matter whose name they are titled in, whether it be a house, a 401(k), or a business -- are subject to equitable distribution. Likewise, all debts, such as credit card debts, acquired during the marriage are also subject to equitable distribution.

New Jersey is an “equitable property” state meaning all assets and debts should be divided equally between the parties. But there are various factors that go into determining a fair and equitable way to divide the assets and debts so that both parties share the benefit and/or burden equally.

In most cases, parties will reach an agreement as to how they want to divide the marital property. When parties cannot reach an agreement, the matter must be litigated in court. This leaves a judge to decide how to divide the assets and debts. If parties do reach an agreement, they can enter into a Property Settlement Agreement. This is essentially a written contract governing how the property is going to be split up. It is usually best to get an attorney to help you draft such an agreement to ensure that your interests are protected.

At Helmer, Paul, Conley & Kasselman, P.A., our New Jersey divorce attorneys can help you determine what entitlements you may or may not have to certain property. We can help you negotiate a fair and equitable settlement that suits you and your family’s needs. Our goal is to help clients get divorced and move on with their lives in a way that is meaningful and financially sound.


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