Marital Settlement Agreement Preparation Services
Our attorneys will help you draft a marital settlement agreement (MSA) and final judgment. Please know you and your spouse must agree to set forth the terms in these documents.
If you and your spouse do not agree on the division of your marital property, what’s happening with your marital home, and children’s issues (including time, sharing, and child support), schedule a mediation session for help agreeing.
$800
What Is a Marital Settlement Agreement?
A marital settlement agreement is a binding legal document that delineates the terms agreed upon by spouses during a divorce. It covers essential aspects of the marriage dissolution, allowing both partners to settle critical issues without a court ruling on each matter.
Typically, a marital settlement agreement in Florida includes the following components:
- Division of Assets and Liabilities: Details the allocation of the couple’s property, such as real estate, bank accounts, investments, and personal belongings, and assigns responsibility for any debts and liabilities.
- Alimony (Spousal Support): Outlines arrangements for spousal support, specifying the amount, duration, and payment conditions.
- Child Custody and Visitation: Sets forth the custody arrangement for minor children, including physical and legal custody, as well as visitation schedules.
- Child Support: Establishes the amount of child support to be paid, along with the payment schedule and related financial responsibilities, such as health insurance and education expenses.
- Parenting Plan: Provides a comprehensive plan detailing each parent’s responsibilities and expectations in raising their children, including decision-making authority, communication protocols, and dispute resolution mechanisms.
- Retirement Accounts: Addresses the distribution of retirement accounts, pensions, and other long-term financial assets.
- Taxes: Covers tax considerations and responsibilities, such as claiming dependents, filing status, and the division of tax liabilities or refunds.
The MSA is formulated through negotiation between the spouses, often with the help of their attorneys or a mediator. After both parties agree on the terms, the agreement is signed and submitted to the court for approval.
A judge then reviews the MSA to ensure it is fair and reasonable. If approved, it becomes part of the final divorce decree, making the terms legally enforceable.
The Role of a Marital Settlement Agreement Lawyer
A marital settlement agreement lawyer plays a crucial role in the divorce process by ensuring the agreement is fair, comprehensive, and legally sound.
At Untying The Knot, we don’t just help you prepare the paperwork and draft the agreement. We also provide…
- Legal Advice: Your MSA lawyer will provide legal advice tailored to your specific situation, explaining rights, obligations, and potential outcomes of different settlement options. We’ll make sure you understand exactly what’s going on at all times.
- Negotiation Services: Our goal is to help you and your soon-to-be-ex reach a fair and mutually acceptable agreement. This includes advocating for your interests and finding compromises where necessary.
- Legal Compliance: We’ll ensure the MSA complies with all relevant Florida laws and legal standards, which is critical for the court’s agreement approval.
- Modifications and Enforcement: If changes to the agreement are needed in the future, a marital settlement agreement lawyer can help negotiate modifications. We also assist in enforcing the terms of the agreement if your ex-partner fails to comply.
Understanding the Final Judgment
A final judgment in a divorce is a court order that officially ends the marriage and finalizes the divorce proceedings. This document, issued by a judge, outlines the final decisions regarding all aspects of the divorce, based on the MSA.
Once the final judgment is signed by the judge and entered into the court record, it legally dissolves the marriage, making the divorce official and enforceable.
Frequently Asked Questions
Q1. Who handles the marital settlement agreement preparation?
The marital settlement agreement is typically prepared by the attorneys representing each spouse.
In some cases, if the divorce is amicable and the issues are straightforward, the spouses may choose to draft the agreement themselves using online templates or guides – but it’s still advisable to have an attorney review it to ensure its legality and fairness.
Alternatively, a mediator can assist in marital settlement agreement preparation if the couple is using mediation to resolve their differences.
Regardless of who drafts the marital settlement agreement in Florida, it is essential for both parties to fully understand the terms and implications before signing. That’s one of the things we’re here to help with!
Q2. Is a settlement agreement the same as a divorce?
No, a marital settlement agreement in Florida is not the same as a divorce. The MSA is submitted to the court for approval, and once the judge approves it, it becomes part of the final divorce decree or judgment, thereby finalizing the divorce.
Q3. What does it mean if you get an interlocutory judgment?
An interlocutory judgment is a temporary or provisional court order issued during the course of litigation – but it is not a final resolution of the entire case.
In the context of divorce, an interlocutory judgment might address certain immediate issues such as temporary child custody, child support, spousal support, or restraining orders while the divorce process is still ongoing. This type of judgment is intended to provide necessary relief or maintain the status quo until a final judgment is reached.
Once all aspects of the case have been fully resolved, a final judgment will be issued, which will legally dissolve the marriage.
Q4. Does the length of your marriage affect the MSA terms in Florida?
In some cases, yes – the length of your marriage can significantly affect the terms of a marital settlement agreement in Florida. The duration of the marriage is a key factor considered in determining various aspects of the settlement, including alimony, division of assets, and even child custody arrangements.
Learn More About Marital Settlement Agreement Preparation
At Untying the Knot, we aim to make divorce as quick and painless as possible. Discover how a marital settlement agreement lawyer can ensure a fair, comprehensive final judgment.
Get in touch with our legal team today.