Not all marriages end in turmoil and bitterness. It is in the interest of both spouses and their children if a marriage can be terminated amicably, and the details worked out mutually in an atmosphere absent of animosity. A marital settlement agreement, also called a marital dissolution agreement, can do just this, and provide a number of benefits as well. From the outset it is important to note, however, that both parties should retain separate legal counsel. Your San Diego divorce lawyer can help facilitate your endeavor to work out a fair divorce settlement.
The Basics of Marriage Settlement Agreements
If both spouses can come to at least a partial agreement on matters involving division of property and child support, a marriage settlement agreement is possible. It is a written agreement which covers the following:
- Division of assets and debts that are part of the community property
- Child custody
- Child visitation and support
- Spousal support
- Income tax liability issues
- Payment of attorney fees and costs
Your divorce lawyer will work with you, your spouse, and their counsel to develop an agreement that is amicable but also protects your rights.
Benefits of Marriage Settlement Agreements
The most important benefit of drawing up your own agreement is that it takes the power of determining very important life issues out of the hands of a judge and places it where it belongs—with you and your divorcing spouse. You may even be able to avoid a court appearance altogether, not to mention court costs.
Such an agreement also can have a positive emotional effect on both spouses and the children. If children are involved, it is likely that both parents will need to see each other occasionally for the purposes of visitation; it is much better for the children, as well as the parents, if such encounters are not strained.
Call for Legal Assistance
If you are interested in marriage settlement agreements and would like to discuss the possibility further, San Diego divorce lawyer will be happy to meet with you. Call today for an appointment at (619) 866-3756.