A Marital Settlement Agreement (MSA) is a binding legal document that lays out the terms of the divorce, including but not limited to, property division, child custody, child support, debt division, spousal support, etc.  While it is beneficial for both spouses to be in complete agreement on all issues, if both spouses can at least come to a partial agreement on the following matters, an MSA may be appropriate.

Terms of a Marital Settlement Agreement

  • Division of Assets and Debts
  • Property Determination
  • Child Custody and Visitation
  • Child Support
  • Spousal Support
  • Income Tax Liability

How Do We Get to This Point?

This may seem far-fetched when first discussing divorce with your spouse.  Both parties are very emotional and may not be able to think rationally.  Divorce does not have to be long and drawn out, messy, and costly.  The more issues that both parties can agree upon, the less time and less money it will take to complete the divorce process.  Once both parties have settled their differences and can move forward with an agreement, all terms should be written up in an agreement.  This written agreement is known as a Marital Settlement Agreement (MSA).  An MSA is legally binding upon both parties and specifically spells out the terms of the divorce and the future.

It is important to have an experienced professional prepare the MSA.  San Diego Legal Documents can assist in preparation and negotiation of the terms.  It’s important that proper legal language is placed into the agreement to ensure that both parties’ legal rights are protected.

The most important benefit of settling a divorce amicably and drafting up an MSA is that it takes the power out of the hands of the court and places it where it belongs, within your family.  San Diego Legal Documents can provide services from the initial divorce filing to completing the MSA and finalizing the divorce.  It is far less costly than going through litigation.

Benefits of an MSA

  • Power and control stay within the family.
  • Positive emotional effect on both spouses and children.
  • Lays out all the terms in writing, limiting uncertainty or confusion.
  • Demonstrates to the court that major issues were thought out.
  • Case moves quicker through the system.

Please contact us if you would like to set up a complimentary consultation 858-876-5802 or nichole@sdlegaldocs.com.