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My cousin sister and her husband have mutually decided to separate. We would like legal advice on whether a notarized mutual settlement agreement can be used instead of obtaining a mutual consent divorce decree from the Family Court. If both parties are certain that there will be no disputes in the future, is relying solely on a notarized agreement advisable? What are the legal and practical risks or disadvantages of choosing a notarized agreement instead of obtaining a court-granted mutual consent divorce?
A notarized mutual settlement agreement cannot legally replace a divorce decree granted by the Family Court. Even if both parties agree to separate, they remain legally married until a competent court grants a divorce. A notarized agreement may record settlement terms, but it does not dissolve the marriage or provide the same legal protection and finality as a mutual consent divorce decree. For further legal assistance contact us on our helpline number.