A marital settlement agreement, known as an “MSA”, defines the terms of a divorce and forms the basis of the after divorce relationship of the former partners. The spouses may not have to go to court when using this method. The parties have the option of creating their own written agreement which a judge might honor if the agreement is written correctly and covers all material aspects of the divorce. Marital settlement agreements can be entered into at any time before the final judgment. They are typically filed with the final judgment.
If the judge approves of the written agreement, it becomes a court order. These agreements usually cover property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce. In addition to these standard provisions, a MSA may also contain any other agreement of the parties. Due to the fact that there are few guidelines and rules regarding such agreements, every agreement should be specifically written for each individual case. This enables the spouses to devise arrangments and come to agreements that would be difficult for an outside party to arrive at.
Filing a marital settlement agreement does have advantages. It lays out all of the agreements in writing, limiting ambiguities. It allows the paries in the divorce to feel that they have had their own imput in the matter, rather than having a disinterested individual decide the outcome. It also proves to the court that major issues were considered, and allow the case to move more quickly though the process.
A marital settlement agreement is legally enforceable and should be drafted by an experienced family law attorney. California community property law is highly complex; therefore, there are strict requirements, which must be adhered to in order to create an enforceable agreement. After the agreement is signed by both parties and filed with the court, it governs spousal support, child custody and visitation or child support issues. At any point after the agreement is submitted to the court a party may challenge its enforceability. The agreement must comply with the law or it may be challenged and thereby overturned.
If the spouses can come to terms prior to going to court, it can save much time and money that would otherwise be spent on legal fees. Once the parties and their respective attorneys can reach an agreement on all issues to be included in the agreement, time and money will be saved in preparation and participation in a trial. Enforcement of family law orders can be problematic.
Once a party receives a court order in his or her favor in a family law case, the other party must still comply with that order. Often a party must go back to court to enforce the order. Using a marital settlement agreement indicates that both parties are more likely to comply with the terms of the agreement.
If you have a question regarding Family Law in Southern California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Southern California. After you have spoken with our Southern California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.
