Martial Settlement Agreements

A Marital Settlement Agreement is an agreement entered into by parties who are contemplating or in the midst of a divorce. It sets out how the property the parties own together will be divided, and confirms to each party their separate property. It provides what support will be paid, if any, from one party to the other, and who will pay for the attorney fees either party has incurred in the legal proceeding. It can also set out parenting agreements for the party’s children, and what child support, if any will be paid for the children. Because of the complexity of California law on community property issues, support issues, and the disclosure requirements to make any agreement enforceable in the future, a Marital Settlement Agreement should be tailored to each party’s particular circumstances and prepared by a Certified Expert in California Family Law. If both parties have qualified attorneys representing them in the drafting of a Marital Settlement Agreement, and assisting them in negotiating an agreement, thousands of dollars can be saved in litigation and other legal cost. Research has also shown that when the parties work out their own agreement, rather than have the result imposed upon them by the court, there is a significantly higher decree of compliance with the agreement reached.