How to File a Marital Settlement Agreement
Marital settlement agreements are contracts made between two divorcing spouses. The agreement provides the terms of the divorce, including child care obligations, child support and alimony, and property division. While these decisions are typically made by a family court judge in a divorce hearing, divorcing spouses may craft their own agreements with the aid of a mediator or attorney, or may supply their own agreements that they have drafted. Courts are hesitant to modify an appropriately reached settlement agreement.
Other People Are Reading
Instructions
-
-
1
Draft the settlement agreement on your own or with the aid of an attorney or mediator. Marital settlement agreements do not have to cover every possible term, so feel free to file a partial agreement and let the judge rule on the remaining issues.
-
2
Have both divorcing spouses sign and date the settlement agreement to indicate their assent with the terms of the agreement. In most states, the agreement does not have to be witnessed by a notary public.
-
-
3
Bring the marital settlement agreement to the family court in which the divorce proceedings were initiated. Give the agreement to the clerk of the court and request that the agreement be filed with your court documents.
-
4
Wait for a judge to review your settlement agreement. If the agreement is satisfactory--in other words, it covers all of the important terms of a divorce and does not violate any contract law--the judge will enter the agreement into the final verdict and the agreement will become binding. If the agreement is insufficient--for example, it is a partial settlement agreement, it violates a tenant of contract law or it is substantially unfair to one party--the judge will hold a hearing to discuss the agreement and modify its terms.
-
1
Tips & Warnings
Marital settlement agreements, like all other contracts, can become the subject of dispute if they are hastily or poorly drafted. Enlist the aid of an experienced family mediator or attorney to draft your agreement for you.
References
Resources
- Photo Credit Pixland/Pixland/Getty Images
