In the lives of a married couple, the hardest thing to experience is to fall out of love and out of each other’s good graces. Sometimes, when things get out of hand, couples come to terms with the fact that they need to divorce. The process of getting a divorce and going over legal talks about child support and the division of properties can really be taxing emotionally, mentally, and physically. But if you decide on an amicable settlement, all of these can be done efficiently. Learn more about marital settlement agreements in this article and create your own document immediately. 

10+ Marital Settlement Agreement Samples

1. Marital Settlement Agreement

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2. Simplified Dissolution Marital Settlement Agreement

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3. Marital Settlement Agreement With Minor Children

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4. Simple Marital Settlement Agreement

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5. Basic Marital Settlement Agreement

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6. Sample Marital Settlement Agreement

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7. Standard Marital Settlement Agreement

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8. Marital Settlement Agreement Template

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9. Marital And Property Settlement Agreement

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9. Marital Settlement Agreement Example

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10. Marital Settlement Agreement Provisions

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11. Marital Settlement Agreement Form

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What Is a Marital Settlement Agreement?

A marital settlement agreement is a document that states the details addressing the current problems a couple must face after their divorce and how they should handle them. The marital settlement agreement goes by different terms: settlement agreement, divorce settlement, divorce agreement, or marriage settlement, among others. In the marital settlement agreement, the couple will decide how they should split the payment of their joint debts, division of property (monetary and personal properties), child custody, child support, visitation rights, and alimony. 

How to Write a Marital Settlement Agreement?

Most of the time, couples hire their respective divorce attorney to negotiate and draw up the important documents on their behalf. But, if you want to try your hand at writing your own document, then here are some tips and advice that you can follow when writing a settlement agreement.

1. Avoid Legal and Financial Complications

It is mostly recommended that you discuss your divorce terms and conditions with your partner if you are not living separately yet so that you both can make mutual decisions that won’t legally and financially implicate you. Otherwise, you can both draw up your own MSA and have your lawyers check them so they can give you the appropriate advice on your next move. A discussion will definitely help you understand the implications of divorce and provide knowledge on what you must and not do during the course of the divorce hearing. 

2. Lay Out Your Plans For the Children

When parents divorce, the lives of the children are greatly affected. This is why you need to create a parenting plan in regard to visitation and child support. Be specific on the dates of visitation, live-in arrangements for the children if the parents agree to have them over for a couple of days, payment schedule of school fees, emergency funds, and many other things. Your children should be your first and foremost priority, so if you want to make an MSA that would also favor them, research the law relevant to the issue (if you are writing one for yourself) or relay it to your lawyer. 

3. Settlement of Property and Debts

If you have acquired properties during the course of your relationship as a married couple, you would also need to consider how to divide it among yourselves. While most couples had the chance to transfer their joint property to their children, some couples never had the chance to. Make a list of all your properties and go over them together with your spouse to discuss what goes to whom and that you mutually agreed to the property settlement conditions. You also need to go over the intangible assets you’ve accumulated together, such as bonds from a joint venture business, stock investment, insurance, and many more.

In the case that you have raked up credits and debts while together, you should also take into consideration how you would pay them while separated. If one spouse has a debt under their name while being married to you, you should put into writing that the payment responsibilities for that debt are theirs alone. Loan payments should also be discussed, especially if you have unpaid loans from the government or private financial institutions. 

4. Be Reasonable With Your Conditions

A settlement agreement should be mutually agreed upon by both parties, and that is why giving unreasonable demands will definitely jeopardize the whole purpose of making an MSA. Say, you want your spouse to give you alimony of $5,000.00 dollars a month excluding child support, yet his monthly salary is not even close to $3,000.00. Also, try to be reasonable with your conditions especially if your spouse undergoes any accidental circumstances that might lead to them not being able to perform their responsibilities as stipulated in the MSA.

I cannot afford a lawyer to write a marital settlement agreement for me. What should I do?

As financially draining as it may sound, hiring a lawyer could ensure that you get what you rightfully deserve in a divorce. That is why you should get a divorce attorney to help you write an effective and well-crafted MSA that expresses your terms legally.

Does my spouse’s cohabitation with another affect the terms of the MSA?

Unless you filed a petition that your spouse is not allowed to cohabitate with another person during the trial, then no, his actions won’t affect the conditions in the marital settlement agreement. However, the final decision will be made by the judge.

Should I sue my spouse for not paying alimony as stipulated in the settlement agreement?

Yes, you can sue your spouse for not paying your alimony when it is mutually agreed that they will give you the discussed amount on a specific date. However, if your spouse happens to lose their job or was incapacitated and unable to work, you cannot force them to pay the alimony given the circumstances.

Getting divorced is a lot of work emotionally and financially. If you are ready and willing to leave your spouse due to unreconcilable differences, then it is time you should settle them for yourself and the children. Craft your own marital settlement agreement today by checking out our editable templates from our website. 

 

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