Navigating a divorce process is much easier with a so-called marital divorce agreement. Officially, this document is known as a Marital Settlement Agreement or a Property Settlement Agreement.
It is typically used in uncontested, no-fault cases, allowing spouses to simplify and speed up their splitting. Since disputable issues are resolved outside the court and outlined in the document, the timeline for amicable divorce is commonly shorter than contested litigation. You can learn more about the specifics of a marital settlement agreement, its content, and general requirements below.
What Is a Marital Settlement Agreement?
A Marital Settlement Agreement (MSA) is a written, legally binding contract between divorcing spouses. The main purpose of this document is to define how partners have resolved different matters pertinent to ending their marriage. Generally, the parties elaborate on marital property and debt division, child custody and support, alimony, splitting of retirement accounts, health insurance, and more. With a detailed agreement, spouses clearly understand their rights and responsibilities in the post-divorce life.
In Alabama, the MSA becomes an enforceable court order once the judge approves it. Therefore, if either party fails to adhere to the terms described in the document, it is perceived as a breach of the divorce settlement agreement. The consequences can be different – fines, compensatory or income-withholding court orders, or even enforcement actions.
Is a Marital Settlement Agreement Required for Divorce?
Commonly, spouses applying for an uncontested divorce in Alabama fill out and file a Marital Settlement Agreement together with the other required court forms. There are several reasons why this document is beneficial in the divorce process.
First, when partners have a signed MSA, their marriage termination may be quick and streamlined.The court won’t have to spend extra time to understand the couple’s intentions and decide on disputes. The judge will study and analyze spouses’ decisions on all dissolution-related topics and approve them if the agreements reached are fair. Thus, it is possible to avoid several court hearings, which are often inevitable in contested divorces.
Secondly, a standard divorce agreement lists the rights and obligations of divorcees. Ex-partners understand what they can and cannot do with property, how often they can spend time with kids, when and how much alimony should be paid, etc. Such a well-defined contract is advantageous because parties may avoid conflicts related to dividing assets, upbringing children, covering debts, etc. Every controversial point is stated in the agreement.
So, a Marital Settlement Agreement in uncontested divorces in Alabama allows navigating a divorce process more quickly and efficiently.
What Goes in a Marital Settlement Agreement?
In the process of dissolving a marriage, settlement agreement is used to outline the terms of a divorce, which vary from case to case and can be the following:
- Marital property and debt division – how real estate, vehicles, bank accounts, other joint possessions, and debts accumulated during marriage will be divided.
- Child custody and visitation – what legal and physical custody arrangements are; what visitation schedule is valid on a day-to-day basis and during special occasions.
- Child support – who will pay financial support for children, how much, how frequently, and for what period.
- Alimony – whether spousal support will be awarded, how much it will be, and how long it will be paid.
- Tax considerations – agreements on filing status, claiming dependents, division of any tax liabilities, etc.
- Other case-specific matters, e.g., who will take care of pets.
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Is It Possible to Change a Marital Settlement Agreement?
Yes, it is possible to alter the terms of a Marital Settlement Agreement, but only under certain conditions. Primarily, both spouses must agree that such modifications are necessary. To confirm their willingness to change the document, they must prepare and sign a written amendment to the original agreement. Next, they have to submit it to the court for approval.
The court may approve the request if the parties demonstrate that their circumstances have changed seriously. For instance, when the income has dropped or increased, and the terms initially listed in the agreement are no longer fair, it is possible to adjust the initial document. Even if only one spouse is interested in changing the agreement, they can petition the court with such a request.
Can a judge change a Settlement Agreement? Yes, if spouses submit an agreement where specific points are unjust or against the law, the judge can step in to ensure fairness.