What Is a Marital Settlement Agreement?

July 21, 2018
Picture Of Hands Of Wife, Husband Signing Decree Of Divorce, Dissolution, C

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. This agreement outlines the terms of your divorce and the future relationship between you and your spouse after the divorce procedures. Many other components are involved in this agreement that will help you and your spouse feel clearer on where you both stand once the divorce is settled.

What Are the Benefits of a Marital Settlement Agreement?

  • Content details. 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 might have when reviewing your divorce. The agreement can cover anything from how property and real estate will be divided, child custody and support, debt division, spousal support and other important issues.
  • You are permitted to create your own marital settlement agreement with your spouse and to file it with the divorce court. These forms can be drafted with the assistance of a family law attorney. However, 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. Avoiding court can save you a lot of money. Even if you do decide to go to court, the agreement will help speed up the case.
  • 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 to walk you through this process will definitely help the divorce proceedings move quicker and easier. If you are interested in knowing more about a marital settlement agreement or the process of filing for divorce, contact our San Jose divorce attorney today.