A Marital Settlement Agreement is the best way to go if you are trying to work out an agreement for how your marriage will end. This can work out better than a divorce, though it can also end in a divorce. There are several factors of a settlement agreement, that include the division of marital assets, child custody, alimony, and the division of property. These are all very important issues in one’s life, so, they might not always be able to be allocated equally during the divorce proceedings.
Once a calendar date has been decided, it will be better to sit down with both spouses and think about the arrangement. The schedule should involve each spouse writing out what they would like to accomplish in the marriage, as well as having a few meetings of minds to iron out any lingering issues that may exist. Once the calendar date has been set, there will be more time to think about what items are important. In most cases, the first item on the list is child custody. A parent should think about what they would like to do with the children after the marriage has ended, so it will help to think about that from the beginning of the negotiations. Once that is decided, the next item on the list should be discussed.
Child custody is extremely important in any divorce agreement because that issue will determine what assets are awarded to each spouse. If you and your spouse both want equal representation, then the judge will give that preference to the person who is the more financially capable of caring for the children. In some cases, the judge will award joint legal and physical custody of the children. The spouse who is likely to be awarded the child custody rights is going to have to make arrangements with the attorney for the terms of that sharing of the custody. In most states, the attorney will also be responsible for the parenting plan for the children and making sure that the plan complies with any stipulations included in the agreement. If one party is trying to limit the terms of the settlement agreement, the attorney can advise his or her client to file for a modification to the agreement.
It is highly recommended that anyone getting married consult with an attorney about the arrangement. The guidance that a lawyer can provide to his or her client concerning child custody is invaluable and can actually save time and money. When spouses can agree on all terms of the settlement, the attorneys don’t have to worry about appealing a court that may not have their best interest in mind. They don’t have to fight over the right to be involved in the child’s life. This can actually make the whole process much easier to deal with and can be done relatively inexpensively.
The marital settlement agreement is also highly recommended for people who have a very volatile relationship with one another. Sometimes a volatile spouse gets the need to seek a quick remedy to the problem and can get a divorce. The other spouse can simply file for bankruptcy to prevent the bankruptcy from taking place. This will prevent the other spouse from doing what they want to do and will give them some breathing space. However, filing for bankruptcy should never be the first course of action as this can do more harm than good.
A marital settlement agreement can be used as a tool for spousal support. If one spouse is incapable of paying alimony or does not have the funds to pay spousal support, they can enter into an agreement stating that they will both continue to pay alimony to the other spouse. The agreement can also state that if the wife deserts the husband; the husband shall continue to pay the wife alimony. Another scenario in which an agreement can be used is when one spouse is in a high risk job and cannot get a job without the advice of an attorney who specializes in employment law.
When you get married, the papers that you fill out are called “certificates of marriage.” These are followed by the ceremonial marriage ceremony in a church or other religious building. When you get married, it is likely that both spouses had discussed what would happen to their marital property after the wedding such as dividing it among themselves. There is also a checkbox on the marital settlement agreement that states the names of both spouses.
You might wonder if it is necessary to use an attorney if both spouses can agree about the terms of the agreement. In many cases it is possible to reach an agreement without hiring an attorney but it is always a good idea to have an attorney at the ready in case one or both spouses cannot agree. You can also use one attorney and have each spouse file their own legal documents with the court and then have one spouse serve papers to the other party. However, if an attorney is used both spouses can still have a dispute over the division of property and other issues if they disagree about the terms of the agreement.