Marital Settlement Agreements

Posted by admin on April 27th, 2006

When going through a divorce, a marital settlement agreement is an agreement between the spouses dealing with property division, support, and other related matters that deal with, well, the divorce. All of the agreements are in writing so that it is all official, and lawyers will assist you in the marital settlement agreements.

Normally, if you and your spouse cannot agree on who gets what in the settlement; a family law trial will have to take place. You see, divorce is no longer being looked at as a legal issue anymore, more of like a relationship issue with legal consequences. If you go to one of these family law trials, the judge will make his decision based on what you and your spouse present before him. Trials cost a lot of money, and the end result is unpredictable. Unless you like taking a gamble with everything that you own, it is almost always better if you can agree to resolve issues that the both of you have outside of court. It is less expensive this way, and courts prefer it.

Once you both come to an agreement on the marital settlement, you each need to sign it and file it with the court. If the judge approves of the marital settlement agreement it will then officially become part of the judgment of divorce and can be enforced just like any other official court judgment.

As far as a judge approving what the both of you has agreed on, yes, it has to be done in order for it to become legal. A judge must approve what you have presented, and the judge has the power to accept or reject it. However, if the judge can see that each member that is getting divorced understands what they have agreed too, it is highly unlikely that the judge will refuse the marital settlement agreements.

If there are children involved with the marital settlement agreement, and they are not mentioned, or there is no child support involved in the agreement, the judge it is more than possible that the judge will refuse the agreement.

The best way to make marital settlement agreements work is to use a mediator or collaborative law. Mediation divorce is inexpensive and it will help you settle things fast with suggestions from the mediator. Collaborative law has the lawyers, financial advisors and child specialists that will aid you in getting a fair marital settlement agreement for the both of you.

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