New Jersey Divorce and Enforcement of NJ Mediation Agreements, MOUs
New Jersey Divorce and Enforcement of NJ Mediation Agreements, MOUs. Some parties that are amicable and have many outstanding issues between them often choose to go to mediation for the divorce prior to beginning the divorce process or filing a divorce complaint. Issues such as child custody, child support, alimony or spousal support and equitable distribution of assets such as a marital home or retirement accounts, such as IRAs, 401ks or pensions, are issues that may be sorted out with a mediator. A mediator may be an attorney but the mediator acts as an independent professional that attempts to reconcile these issues with the parties and memorialize their agreement in an MOU or Memorandum of Understanding. The MOU must then be formally drafted into a legally enforceable document or Property or Matrimonial Settlement Agreement. An MOU is just an agreement to agree and is not legally enforceable. However, upon execution of a PSA or MSA,