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In New Jersey, a property settlement agreement (PSA) involves more than determining the division of property. A PSA lays out each person's rights, obligations, and responsibilities associated with a divorce.
A settlement agreement is a legally binding contract between two or more parties that resolves a dispute. It is a mutually agreeable outcome that avoids the need for litigation.
So all settlement documents must be interpreted in the same manner as any other contract would be interpreted. And a settlement agreement does not need to be in writing to be enforceable. An oral settlement agreement entered into by the parties can be enforceable so long as it does not violate the statute of frauds.
What Should Be Included in a Settlement Agreement? Identifying information for all involved parties. A description of the issue you're seeking to settle. An offer of resolutions that both parties agree to. Proof of valid consideration from both parties without coercion or duress. Legal purpose.
Settlement agreements are common in divorce and marital disputes, property disputes, personal injury cases, and employment disputes. These agreements not only keep disputes out of court, but they also save parties from having to pay expensive legal fees for continued litigation and trial.
Settlement agreements are normally used to bring an employment relationship to an end in a mutually agreed way. They are often used in situations where an employer and employee feel that their employment relationship is no longer working and a 'clean break' is the best way forward.
Most often it will be from a qualified lawyer, but it could also be a trade union rep or advice worker who are authorised to advise on settlement agreements.