Sometimes you can settle a divorce without having to go through the pain and bitterness between a husband and wife. This is usually the case when the divorce gets uncontested and the parties would amicably divide their property, debts, and assets accumulated during their marriage. The marital settlement agreement is a document that specifies the rights of both spouses then settles the issues of spousal alimony and child custody.
Reaching an amicable settlement with your spouse is the primary goal of a divorce and a marital settlement agreement can do just that. Written then signed by both the husband and wife, the contract specifies the terms of the divorce. Depending on what the issues are, such will and must get addressed.
The first and foremost issue that you need to address is the parenting and custody of children involved. You and the other parent must come to an agreement on the following issues:
Having a marriage settlement agreement ensures each parent’s continued right to access health, school, and medical-related records. The divorce settlement agreement should also include provisions to assure each parent’s continued right to involvement in the children’s school functions and events. Moreover, you should address any other special issue or circumstance that involves the children.
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In the case of a marital settlement agreement, the husband and wife will split the agreed properties. The marriage settlement agreement lists both parties along with which of the properties each one gets to keep when the marriage comes to an end. Coming to an agreement about settlement is an essential step to the divorce but the sharing of property becomes official only when the judge signs off your case.
As is often the case, when a husband and wife have reached an agreement regarding the division of property, this ultimately gets included in the final divorce decree. But there still isn’t a guarantee that the judge handling the case will accept the division of property agreed upon by the two parties.
This is because the judge always has the final say when it comes to divorce. Once the divorce decree gets finalized, your marriage is then considered terminated. This final decree includes the final determination of how the marital property gets divided along with the list of responsibilities of both husband and wife after the dissolution of the marriage.
All agreements reached between the husband and wife during the divorce should get submitted to the court as formal order and stipulation, including the marital or divorce settlement agreement template itself. Upon approval by the court, these agreements become enforceable and legally binding between both parties.
Divorce can be a really painful experience to get through, especially when it involves stress, heartbreak, and emotions. Part of a divorce proceeding is to create a marital or divorce agreement template. This is a legally binding document wherein you and your spouse agree to the terms of the divorce that covers a wide range of topics. Here are some pointers to guide you when creating your marriage settlement agreement:
Many divorcing couples reach an agreement regarding their divorce-related issues on their own. It can be as simple as an informal discussion over the dinner table. They can even become practical by writing their own marital statement arrangements. But it is still recommended for couples who have considerable assets and children to seek legal advice. For those couples who have little or no assets and no children, it would be okay for them to work everything out by themselves.
To reiterate, you may write their own marital settlement agreement with your spouse but if you don’t have the capability, you should hire your own lawyers – you cannot have the same lawyer. The lawyer should clearly explain your legal responsibilities and rights as related to the support and custody of your property, children, and alimony. As a couple, you will be in a better position to make informed divorce decisions if you have a clear understanding of your rights.
The lawyers can also take the lead part in creating, reviewing, and making revisions in the marriage settlement agreement while negotiating on behalf of each party if deemed necessary. To facilitate proceedings, it’s suggested to hire the services of a lawyer to ensure your agreement will hold in court.
Aside from hiring a lawyer, another choice you have is to hire a trained mediator, a third-party who can help you reach agreements during private, 3-way meetings. Although lawyers aren’t present during mediations, you can still ask legal advice from a lawyer who can also review the proposed agreements before affixing your signature on anything.
Whichever manner you reach your marriage settlement agreement, you and your spouse must sign it. Then you incorporate this document into your judgment of divorce so that the judge can review it then approve. Once the judge has had his final say, the terms of your agreement are already considered court orders that you must both obey.
You can enforce a marital settlement agreement by filing a formal motion or request with the court. This involves some paperwork. To have this enforced, you need to show to the court how your ex-spouse failed to follow the terms of your agreement. There are several reasons why you might need the court to help you enforce your agreement. Here are the most common ones:
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