Sometimes, parties do not agree with eachother on matters such as child rearing and property
settlement. Many parties find it beneficial to mediate rather than take their changes in court having a complete stranger make family and financial decisions for you. A mediated
settlement agreement is often the best scenerio for all parties.
A Marital Settlement Agreement in a divorce or legal separation will allow the parties to
mutually agree on the division of community assets, debts, child custody, support and other important matters without ever having a court hearing. Having a Marital Settlement Agreement in even the
most simple, uncontested divorce or legal separation proceedings is advantageous for several reasons:
With a Marital Settlement Agreement, the parties can address certain issues with more detail, depth and flexibility
than possible in a judgment without a Marital Settlement Agreement.
Judgment can be entered without a court hearing.
The Marital Settlement Agreement becomes the core of the Judgment. This means that the parties get to decide every
aspect of their marital issues in their own language rather than having a judge decide these issues.
Final judgment paperwork is usually shorter because all of the issues can be addressed in the agreement rather than
the numerous “Attachment-to-Judgment” forms otherwise required in default matters resolved without an agreement.
By choosing to negotiate with each other instead of
hiring a lawyer to make “winning” arguments to a judge, parties can usually achieve an agreement that resolves all of the issues of their marriage and that both are happy with. This often helps to
avoid post-judgment disagreement.