Can Divorce Agreements Include Religious Upbringing Clauses in New Jersey?

Religion can be one of the most personal and contentious topics for divorcing parents. When faith and traditions are important to one or both parents, questions often arise about how a child will be raised after divorce. This is especially true when parents follow different religions. In New Jersey, divorce agreements can sometimes include religious upbringing clauses, but there are certain legal limitations and challenges in enforcing them. For more information and to secure skilled legal advice during your case, read on and work with a knowledgeable Morristown divorce attorney today.

What is a Religious Upbringing Clause?

Divorce agreements are full of provisions that outline each spouse’s rights and responsibilities after a marriage is terminated. One possible inclusion is a religious upbringing clause. This is a provision that specifies how shared minor children will be raised according to a particular religion. It can outline joint decision-making or assign final authority on religious decisions to one parent.

This type of clause is designed to prevent disputes later on about how exposed a child will be to religion and which parent has the right to make decisions about the religious education their child receives.

Can Divorce Agreements Include Religious Upbringing Clauses in NJ?

Yes, New Jersey courts allow parents to include religious upbringing clauses in their divorce agreements. However, because of protections offered by the First Amendment, courts are cautious about enforcing provisions that compel religious behavior or participation.

If a religious upbringing clause is agreed upon by both parents voluntarily and the terms are clear, the court will generally approve of its inclusion, given that it is in the best interests of the child.

Are Religious Clauses Enforceable?

As stated above, courts may be hesitant to enforce a religious upbringing clause if it infringes upon anyone’s right to freedom of religion. However, when certain conditions are met, these clauses are legally enforceable.

If the terms of the agreement are clear and were unambiguous when both parties consented, and if the court finds that it aligns with the child’s best interests, then the clause can be enforced. In general, the custodial parent has the right to choose the child’s religious upbringing. It is important to note, however, that the court cannot require the non-custodial parent to participate in the same faith.

In the NJ Superior Court Case Brown v. Szakal (1986), the court ruled that while the custodial parent can choose the child’s religion, the other parent does not have to practice or enforce the religious teachings during their parenting time. As long as the non-custodial parent does not fully immerse or educate the child in a different religion, they are within their rights.

For more information and to secure skilled legal advice, reach out to an experienced divorce lawyer today.