What Is a Marital Settlement Agreement?

November 29, 2021

There are many important documents and agreements involved in the divorce process, so it is easy for one or both spouses to get lost and overwhelmed. However, one crucial agreement to start with is your marital settlement agreement. Below, our San Jose divorce lawyer explains a marital settlement agreement in California.

What Is a Marital Settlement Agreement?

A marital settlement agreement is a contract that sets the terms of your divorce. It covers the future relationship between you and your spouse after the divorce procedures. Further, it documents you and your spouse’s decisions about important issues, such as:

The agreement involves many components that will help you and your spouse feel clearer on where you both stand after the divorce.

What Are the Benefits of a Marital Settlement Agreement?

There are many benefits of a marital settlement agreement. A few of these benefits include:

  • You set the terms. The main benefit of this type of divorce agreement is that it lays out every detail of your divorce in writing. This limits any uncertainties that you, your spouse, your attorneys or the court may have when reviewing your divorce. The agreement can cover any important issues, from child custody to debt division. 
  • Streamline the divorce process. You and your spouse can create your own marital settlement agreement and file it with the divorce court. You can draft the agreement with the help of an experienced family law attorney. If you and your spouse can agree to important issues, then the court will not set the terms of your divorce, streamlining the process.  
  • Reduce time in court. You and your spouse create the agreement outside of court. Then, you submit it to the court, which must review it. It is possible that you will not have to go to court if the judge honors your written agreement. This is why it is important to write the agreement correctly and thoroughly. 

There is no right or wrong time to draft and enter into a marital settlement agreement. You can enter into an agreement before or after you separate or file for divorce. However, the sooner you settle your case the better, so try to file your agreement as soon as you can. Having a family law attorney guide you through this process can help to streamline your divorce proceedings. 

Contact Our San Jose Divorce Lawyer Today

Are you interested in learning more about marital settlement agreements or the process of filing for divorce in San Jose? Request a free consultation with our San Jose divorce attorney today. Call us today at (408) 404-8656 or fill out our online contact form.