Marital Settlement Agreement Vs. Divorce Decree
Finalizing a marital settlement agreement does not mean a couple is now legally divorced. Only a divorce decree that is signed by a judge can finalize a split. Let’s take a look at the differences between a marital settlement agreement and a divorce decree.
What Is A Marital Settlement Agreement?
A marital settlement agreement is known by several different titles across the U.S. Some states refer to this arrangement as either “separation agreements” or “divorce settlement agreements”. Let’s take a look at what these agreements include and how to ultimately finalize one when going through a divorce.
A marital settlement agreement (MSA) is entered into by a divorcing couple. It is a legally-binding, written contract. This agreement will solve issues related to a couple’s divorce. Let’s take a look at a few things typically included in a marital settlement agreement. Let’s look at what is typically included in a marital settlement agreement.
Child Support
Child support is typically determined by using state-specific guidelines to help parents determine the appropriate amount of child support needed.
Custody And Visitation
This is usually part of a parenting plan or custody and visitation agreement attached to the marital settlement agreement.
Division Of Property And Debts
The division of marital property and debts will ultimately depend on whether the state follows a “community property” or “equitable distribution” model for property division.
Alimony
Also referred to as spousal support, spouses can negotiate amount and duration of alimony payments. While there are no set rules for calculating alimony, some states do have formulas to help determine alimony figures.
How To Reach A Marital Settlement Agreement
There are some couples that can reach agreements on all divorce-related issues on their own. Some may even be savvy enough to draft up their own written agreement. However, couples that have many children and assets should opt for professional help.
Even if you plan on writing up your own agreement, you and your spouse can hire one attorney to represent both parties. An experienced attorney can explain your legal rights and responsibilities as they relate to all aspects of the agreement. Once both parties have a clear understanding of all the rights, you will be in a better position to make important legal decisions.
Your attorney can take the lead on drafting, reviewing, and revising the agreement, negotiating on your behalf, if needed. Hiring an experienced attorney can help ensure your agreement will hold up in court.
What Is A Divorce Decree?
Think of a marital settlement agreement as simply the preliminary process of the divorce requirements. A divorce decree, meanwhile, legally mandates that you are divorced in the eyes of the law.
There are a few different steps you cannot legally take until this document has been drawn up. This includes getting your former name back, remarrying, transferring assets, and legally identifying as divorced.
In the majority of cases, the court issues a divorce decree once you have completed and finalized the marital settlement agreement. You and your spouse will ultimately enter into a contested divorce if terms cannot be agreed upon.
Differences Between A Marital Settlement Agreement And Divorce Decree
A MSA is a settlement agreement for divorce that is not finalized until a judge signs it. Even if the MSA is signed, the divorce will not be final until a judge reviews it and ends up issuing a separate divorce decree. This is a court order. The terms of the decree are legally binding and enforceable. Let’s look at a few more differences between these two documents.
Not All Issues Are Covered
If your divorce is contested, your MSA may only cover some issues or possibly none at all. In these cases, the divorce may not involve a MSA or could use one that covers all the issues.
The MSA Is Not Final
A divorce decree will be ordered and final, while some alterations can be made later on in a few circumstances. A signed settlement agreement for the divorce is not finalized, and there is still time for changes to be made prior to a final divorce decree.
Timeline
In the order of events that needs to take place in this process, the MSA will occur before the divorce decree. Only a court can issue the decree, and it will happen at the end of the separation process. Meanwhile, it’s an entirely possible for a couple to be working on a MSA for months.
Conclusion
You can finalize a divorce without a marital settlement agreement or any other agreement. You will simply need a written divorce judgement signed by a judge.
If you have reached a settlement, the agreement will be made part of the divorce judgement. If you haven’t settled all the issues in the divorce, however, you will have to go to trial. Following the trial, the judge will make decisions about any unresolved issues. A judgement will then be signed to reflect those final decisions.
Source:
- “Marital Settlement Agreements.” DivorceNet https://www.divorcenet.com/resources/divorce/divorce-basics/how-enforce-a-marital-settlement-agreement
Collaborative Divorce And Child Custody
Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.
Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
