MARTIAL SETTLEMENT AGREEMENTS
At Paras, Apy & Reiss, P.C., our ultimate goal is assist you in reaching a satisfactory resolution of all of the issues related to your divorce. Once you and your spouse reach agreement on these issues, your obligations will be defined in a document known as a Marital Settlement Agreement.
Your Marital Settlement Agreement, which may also be known as a Property Settlement Agreement, is a collaboratively-drafted document which contains all the rights and responsibilities that both you and your spouse will have after the court enters a Judgment of Divorce. Our attorneys have extensive experience in the drafting, modification, and enforcement of Marital Settlement Agreements.
The exact terms of a Marital Settlement Agreement will differ in each individual divorce, as the contents are specifically based on the issues unique to each divorcing couple. However, some common items that are frequently addressed include:
- Legal and physical child custody determinations;
- Parenting time schedules;
- Provisions for the payment of child support and/or alimony;
- Property division, including distribution of the marital home, vehicles, bank accounts, retirement funds, and debts; and
- Insurances, including health insurance and life insurance.
Once signed, your Marital Settlement Agreement is binding. Therefore, it is important to make sure you understand the entire document, and ensure that it includes all the terms of your agreement with your spouse before you sign it. For this reason, it is highly recommended that you consult with an experienced family law attorney to guide you through the settlement process and drafting of your Marital Settlement Agreement.
Sometimes, but not always, you can modify your Marital Settlement Agreement after your divorce has been finalized. For instance, in certain circumstances, you may be able to change the terms of your child support, alimony, custody, or parenting time obligations. The attorneys at Paras, Apy & Reiss, P.C. can assist you in determining whether modification of your Agreement may be possible.
Likewise, if your spouse is no longer abiding by your Marital Settlement Agreement, we may be able to assist you in filing what is known as an “enforcement motion.” In an enforcement motion, you will ask the Court to compel your spouse to comply with the Marital Settlement Agreement.
A Marital Settlement Agreement is, quite possibly, the single most important document related to the divorce process. At Paras, Apy & Reiss, P.C., we can help you guide you through this process to ensure that your Marital Settlement Agreement is complete, enforceable, and mindful of your individual needs.
The information in this article is not intended as legal advice. For legal advice, you should consult your attorney.