What is a marital settlement agreement?
A marital settlement agreement is a document created to resolve all issues related to a divorce in South Carolina. This agreement is created by the husband and wife, or their attorneys, to determine things such as division of property, division of debt, child custody and support, and alimony payments. This agreement is different from a court order because it is self-determined by both parties, instead of being determined by a judge. The marital settlement agreement is often created during the mediation process, where both parties negotiate with each other, or with the help of a mediator. This agreement must then be approved by the court before it is legally binding. In the agreement, each party must agree to all of its terms in order to have a legally binding agreement. Each party should make sure that they understand the agreement before signing it, as they may be legally held to its terms. Once the agreement is in writing and signed by both parties, it becomes a legally binding document. In most cases, it can only be changed if both parties agree to the changes in writing and the court approves them. If one party does not comply with the agreement, the other party can go to court and seek legal remedies. The marital settlement agreement offers a way to resolve all divorce-related issues without a lengthy and expensive court battle. By creating this agreement in advance, the former spouses can reach a compromise that is agreeable to both of them.
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