There are certain matters that are considered to be very important and have to be carefully discussed in a divorce process. Often, these matters are concerned with the married couple’s rights to property and their responsibilities to their children as well as one spouse’s responsibility to the other. Issues regarding division of property and assets, as well as rights to alimony and child visitation, custody, and time-sharing are discussed and formalized through a Marital Settlement Agreement (MSA). It is basically a binding contract about the divorce terms which are agreed upon by both parties.
If the agreement is done well and both spouses agree on the terms provided, the court may honor the agreement provided that it is fair to the parties involved. The couple may not have to go to court. On the other hand, if the agreement is contested or one party refuses to sign it, the matter will have to be taken to court and the judge will have to make the decision. A Partial Marital Settlement Agreement would have to be created if there are a few aspects wherein a couple does not agree on. Since an MSA is a binding contract, modification of some terms included in it will have to be done in court.
A well-drafted marital settlement agreement has its many advantages. Not only will it save the divorcing couple from the trouble of going through a long process to settle the divorce terms, thus, costing them money and time, but it could provide them with lesser adversarial feelings toward one another.
Divorce is a very trying and difficult time. To ease the stress, you may need the help and advice of an expert family law attorney for the drafting of your marital settlement agreement. Atty. Melanie Marquez-Kelly has been helping clients in Fort Myers and Cape Coral, Florida, create resolutions that look after their best interests, as well as their children’s. When it comes to finding a trustworthy and compassionate divorce attorney in Southwest Florida, Atty. Marquez-Kelly is the person to go to. She will guide and assist you throughout the process and help protect your rights. For assistance in divorce matters, contact Atty. Marquez-Kelly at 239-214-0403.