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A Marital Settlement Agreement is a legal document signed by the parties going through a divorce that sets out how the parties agreement to settle their case.
Why have a Marital Settlement Agreement?
The cost of litigating disagreements over how to decide the many issues in a contested divorce are extremely high, not only in legal fees and court costs, but also in emotional trauma. By entering into an agreement on how to decide these issues can promote a quick end to the divorce process, and help both parties move on in their life.
What is included in the Marital Settlement Agreement?
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Each case is unique, but generally, the agreement sets out how the marital property will be divided between the parties, if spousal support will be paid, and if so, how much for how long, custody and parenting arrangements if there are children, the amount of child support if there are children, and who will pay the legal fees and court cost for the divorce.
Can one attorney represent both parties in preparing a Marital Settlement Agreement?
No. Under the Code of Professional Responsibility for attorneys, attorneys are prohibited from representing parties with potentially different interest.
Does this mean that both parties must get an attorney?
Usually one party hires an attorney to prepare the agreement. The other party then hires an attorney to review the agreement with them individually, usually at a much lower fee because the agreement has already been prepared.
Can I create a Marital Settlement Agreement online?
Yes. Our service is designed to help people obtain the services of a Certified Family Law Specialist to create a Marital Settlement Agreement online.
