What Exactly Are Marriage Settlement Agreements?

Need Help with Your Divorce Settlement?  

Marital settlement agreements are drawn up between a couple going through a divorce, with which both spouses sort out the distribution of their property, custody of children and other such legal details which are related to a marriage ending. These marriage settlement agreements could be sorted out voluntarily by both parties or could be created by a judge and the two parties are not be able to come to an agreement. Regardless if both parties sign this agreement voluntarily or a judge has to impose it, these agreements are enforced by a court of law.

When two people marry, they are a union within the eyes of the law. The law imposes rules with regards to how any property will be divided if a marriage ceases. While these laws vary by state, equitable property distribution is the goal of laws which are associated with marriage or divorce. Child custody is an important part in divorce law, and the rules dictating on custody will be determined, as well as what the parent’s rights will be.

If a couple divorces, they can create their own agreement within the dictates of the law. For instance, a divorcing couple living in the U.S. is not able to agree with a divorce decree, which will mean a husband is exempt from paying support for their children since this is the legal right of a child. The spouse, however, can agree upon a marital settlement, which means the husband will be exempt from paying alimony.

Divorcing couples can create their own marriage settlement agreements; this will reduce the cost of their divorce, which is associated with going before a judge in order to distribute shared property. Such an agreement will permit the divorcing couple to protect their assets. For such an agreement to be legal and approved by a court, both parties have to voluntarily agree to it without coercion. However, if the parties do not agree, the court will then use the legal laws of their jurisdiction, in order to properly divide assets and any child custody issues.

Call Law Offices of Marianne F. Skipper at (707) 658-4566 today. We are in Petaluma, CA.

Share This