MARITAL AGREEMENTS LAWYER IN ORANGE COUNTY, CA
What is a Marital Settlement Agreement?
Divorce, sadly, is sometimes an unavoidable outcome of many marriages. While some divorce proceedings go through the court process until the end before it is finalized, others do not. For those that don’t, it is because both parties have agreed to certain terms reduced into writing and called a “marital settlement agreement.”
This agreement is usually a comprehensive one that addresses major aspects of the marriage like child custody and support; spousal support and allocation of shared business assets; and how assets are to be distributed.
This agreement is used for basic divorce as much as it is legal separation proceedings because it follows similar processes.
To ensure that the marital settlement agreement you look to rely on is well-drafted and executed, you need the services of the best marital agreements attorney Orange County, CA.
Is a Marital Settlement Agreement Similar to a Prenuptial Agreement?
A prenuptial agreement differs from a marital settlement in that while the latter is always created and signed before the marriage, the former happens in contemplation of divorce. Both agreements are similar in contents but are different in purposes.
Prenuptial agreements, unlike marriage settlement agreements, are usually broader dealing with general issues. Marital agreements, on the other hand, is more detailed and specific than prenuptial agreements. Though considering the similarities between both agreements because they address factors that are yet to have occurred, they differ in several ways.
What is the Advantage of Marital Settlement Agreements?
- The agreement puts into writing all the issues that may arise from the divorce and how both parties intend to address it. With this agreement being in writing, it becomes enforceable by either party.
- Having a marital settlement agreement helps to fast track the divorce process between parties. This is because the agreement will already provide for issues capable of slowing down the process. All that is needed is to give the agreement the force of law for its enforceability.
- The agreement saves parties of a divorce the cost and time that comes with the litigation process. By mere looking at the agreement and ascertaining that both parties have agreed to it, the judge can make a decision.
- The agreement makes it possible to dispense with trial and other mediation strategies.