Marital Settlement Agreements

Posted on Wed, Jun 01, 2016

A Marital Settlement Agreement is when parties to a divorce basically agree to terms. This can be partial or it can be full.  For example, a Marital Settlement Agreement can dispose of all equitable distribution.  Or it could dispose of all alimony and other things.  A Judge does have to approve it if you have agreed on all children’s issues.  It is much easier for a Judge to set aside an agreement if he or she does not think the best interests of the children have been maintained.  Having said that, when an agreement is reached it is difficult but not impossible to have one set aside.  Basically, you should never sign one without seeking the advice of an attorney.  I can’t tell you how many times people have come to me trying to get out of an agreement that they signed.  Marital Settlement Agreements are not rocket science.  If they are clear, they will usually stand. 

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