What is a marital settlement agreement?

A marital settlement agreement is a legally-binding document that is created between two spouses in California who are dissolving their marriage. This document outlines the terms and conditions of the divorce, including division of assets, child support, division of debts, as well as any other issues related to the divorce. A marital settlement agreement is an alternative to having a judge decide the terms of the divorce, and can be used to create a smooth, cost-effective resolution to the divorce. The agreement is typically the result of a process known as Alternative Dispute Resolution (ADR) which may involve the aid of a mediator or a collaborative law attorney to help create an agreement. Both spouses must agree to the terms of the marital settlement agreement for it to be legally binding, and both parties must sign the document. After the agreement is signed, it can be filed with the court and will become a court order if approved by a judge. The marital settlement agreement can also include any other matters that the two spouses decide to include, such as spousal support and visitation rights. The agreement is designed to be mutually beneficial to both parties, making sure that both spouses get a fair deal and are provided for in the divorce. In California, the agreement must also meet certain requirements in order to be approved by a court.

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