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Marital Settlement Agreements (MSA)

March 2, 2019

A Marital Settlement Agreement (MSA) defines the terms of the divorce, legal separation or annulment. Once the agreement is agreed to and executed by both parties, the MSA is filed as part of the Judgment of Dissolution of Marriage (aka divorce), legal separation, or annulment. In a nut shell, the parties decide the terms of their divorce instead of a judge.
 

The most common issues stated in a MSA are:

 

  • Child custody/ Visitation/ Timeshare and Support
  • Spousal support
  • Division of assets and debts
 

Other issues that may be included in a MSA are:

 

  • Attorney and expert’s fees
  • Tax provisions
  • What happens if there is reconciliation
  • Warranties, Breach and Remedies
  • Waiver of rights to deceased spouse’s estates
  • Modification of terms
  • Effective date
 

Advantages of a MSA incorporated into a final divorce judgement are:

 

  • Fair and equitable agreed upon judgment 
  • Reduced court involvement 
  • It is a legally binding, valid enforceable Agreement
  • Saves litigation time and money 
  • Reduced attorney's fees
 

Some common issues that are not enforceable through a MSA are:

 

  • Child support –  child support cannot be waived. 
  • Child custody – The court has jurisdiction over minor children.
  • Religious upbringing of children – the court won’t enforce any terms of religious upbringing of minor children.
  • Damages – California court will not enforce paying of “damages” from one spouse to another.
 
 
 
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© 2017 by Law Office of Caroline Badalnejad | All rights reserved.

DISCLAIMER

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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