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Free Marital Settlement Agreement – Sample [PDF]

    When a couple decides to get a divorce and file a petition for dissolution of marriage, they must fill out and submit paperwork to the court. Once this is done, the court will give them a set of documents that both parties should sign and submit to avoid possible complications in the future.

    The first document needed is the Marital Settlement Agreement which is meant also to help protect non-agreeable issues from getting into court so that things may be settled outside of court proceedings.

    Marital Settlement Agreement
    Marital Settlement Agreement

    What is a marital settlement agreement?

    A marital settlement agreement, also known as a separation agreement, is a contract intended to cover a divorce’s financial and legal details. It stipulates who gets what property, how maintenance (and spousal support) will be paid, and the responsibilities of each party to the other. Surrogate parents should also seek a marital settlement agreement in the event that they part ways.

    Purpose of the marital settlement agreement

    The agreement’s goal should be to define and illustrate the rights and obligations of both parties regarding their children, as well as other areas that they deem essential. Divorce has a profound impact on families, and rightfully so, each family member is affected.

    Marital Settlement Agreement vs. Divorce Decree

    Marital Settlement Agreement: Most couples choose this because it allows them to come up with their own settlement and then present it before a judge who will approve it. The husband and wife will split the agreed properties. The marriage settlement agreement lists both parties along with which properties each one gets to keep when the marriage ends. Coming to an agreement about the settlement is essential to the divorce, but the sharing of property becomes official only when the judge signs off your case. Therefore, the main difference between a marital settlement agreement and a divorce decree lies in this specific point.

    Divorce Decree: This is when one spouse files for divorce against another without any prior negotiation or discussion with his or her partner. If both spouses agree on all terms of separation and custody, then they can file jointly for divorce instead of going through court proceedings.

    Is a marital settlement agreement binding?

    When you’re going through a high-conflict divorce, its trying to get through it with as little drama as possible is tempting. While that may seem like sound reasoning, it may not be your best action if you seek a fair settlement. Sure, it can be tempting to agree on handling finances and other issues by yourself. But divorces are legally binding – and what is not legally binding during the divorce process can potentially become enforceable later on. Agreements need to be in the form of legal orders and stipulations for the court is to consider them valid.

    How do I write a marital settlement agreement?

    Begin with the basics

    In your marital settlement agreement template, include information such as the names of both parties, date of marriage and separation, a venue where the agreement will be signed and notarized, and signatures of both parties and witnesses, if applicable.

    Include relevant details

    List all assets owned by both parties before marriage (real estate properties) and during the marriage (bank accounts). Also include debts incurred by both parties before or during the marriage (credit card debts). State how these assets should be divided between both spouses during property settlement. Include any joint accounts (savings accounts) opened during the marriage that should be transferred into individual names once the divorce is finalized.

    Confirm the agreement

    Sign and date your marital settlement agreement template at the end after reading all terms carefully. Make sure you have completed all necessary details before signing this document because it becomes.

    Identify your debts and assets, then divide them.

    Divorce is never easy and even more complicated if you need to know where you stand financially as a couple. You must know how much debt each of you has, individually or collectively, before you can start dividing assets. Please include this in the marital settlement agreement template so that both parties know their responsibilities after the divorce process has already been initiated.

    Create a plan for parenting and custody

    When it comes to divorce, the first thing that comes up is the issue of parenting plans. The best way to address this issue is by having an equal amount of time with both parents because it allows the child to maintain their relationships with both parents easily without having to relocate to spend time with one parent or another. If both parents have lives outside their children’s (i.e., work), then they should have equal time-sharing in those responsibilities (i.e., paying bills). Parents who share parenting responsibilities equally often have better relationships with their children than those who do not share equally in those responsibilities.

    Include provisions

    It is essential that you include provisions on how the two of you will split your assets and debts, who gets custody of the children and how they will be raised, what happens if there is a relapse or if one of you remarries, etc. You can also include any other terms that might be relevant to the divorce process.

    Polish your agreement

    Once you have finished writing up your marital settlement agreement template, it is time to polish it up by proofreading it and ensuring all the details are covered. This will help ensure that there are no loopholes for either party to take advantage of or for things to get messy later on if any unforeseen circumstances arise during the divorce proceedings. Also, ensure everything is in order before signing off on anything; this document may be used as evidence if there are legal disputes down the road, so it must be accurate and valid at all times until finalized.

    Why should you have a written marital settlement agreement?

    If you and your spouse have reached an agreement, it is best to get it in writing. You can get a lawyer to draft the agreement for you. This can be expensive and time-consuming, but it is worth it in the long run.

    The following are some of the reasons why you should have a written marital settlement agreement:

    • It will protect you from future disputes over money and property.
    • It will help you avoid further court proceedings.
    • It will help you track what belongs to whom and how much each party owes.
    • It will prevent problems from arising in the future if anyone wants to leave their job, change careers or move away from their current home or town.
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