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15. Marital Settlement Agreements

Gloucester County Marital Settlement Agreements Lawyer

Compassionate Family Law Attorneys Help Couples Negotiate Marital Settlement Agreements to Resolve Issues in Divorce in Gloucester County and Throughout South Jersey

Getting divorced is already an emotionally difficult process for you and your family, especially if you’ve been surprised by your spouse’s demands for a divorce. However difficult the personal aspects of separating from your spouse may be, you and your spouse also need to resolve practical issues, such as dividing up your marital assets and debts, potentially establishing an alimony arrangement, and deciding on custody of your children. Although these issues can be resolved by the court in a divorce trial, many couples choose to avoid the time, expense, and uncertainty of trial by entering a marital settlement agreement to resolve the outstanding economic and personal issues in a divorce.

A marital settlement agreement will affect important rights and obligations of yours. That’s why it’s important to have experienced legal representation in your corner to ensure that you receive straightforward explanations of your legal rights and options and honest advice about what decisions to make to help you achieve outcomes that serve your and your family’s best interests. At Smedley Law Group, P.C., we’re dedicated to putting in the time and work necessary to help you navigate the challenges and obstacles in divorce and pursue an efficient and effective resolution through a marital settlement agreement. You can expect that we’ll take the time to get to understand you, your needs, and your goals so that we can craft a legal strategy aimed at securing the best solution for you.

Contact our firm today for an initial consultation with a knowledgeable Gloucester County marital settlement agreements lawyer to learn more about how a MSA can help you efficiently resolve the outstanding issues in your divorce while protecting your and your family’s rights and interests. 

What’s a Marital Settlement Agreement?

A marital settlement agreement is a document in which the parties set forth their agreement on how to resolve outstanding issues in their divorce. Couples may choose to create a marital settlement agreement before filing for divorce or they may choose to negotiate a MSA after one spouse files divorce papers to avoid the time and expense of trial. A marital settlement agreement can address divorce issues such as:

A marital settlement agreement doesn’t need to resolve all the outstanding issues that a couple has in their divorce. Instead, the agreement may only cover those topics the spouses can reach an agreement on, narrowing down the issues to be resolved in a divorce trial. Spouses aren’t required to have attorneys to draw up a binding MSA, although having both spouses represented by independent counsel can ensure that both parties’ interests are advocated for, that all necessary financial disclosures are made before the parties agree to a final settlement, and that the MSA can be enforced in court or incorporated into the divorce judgment

How Smedley Law Group, P.C. Can Provide Practical Solutions in Your Divorce Proceeding

Reaching a marital settlement agreement prior to or during divorce proceedings can be incredibly difficult, even if you and your soon-to-be ex-spouse still have an amicable relationship. You deserve to have experienced, knowledgeable advocates in your corner looking out for your interests when drawing up a MSA. At Smedley Law Group, P.C., we sit down with you to understand your current circumstances and your concerns, goals, and needs, so that we can help you craft the life you envision moving forward after your divorce. 

Our firm can help you through each stage of the process of executing a marital settlement agreement, including collecting and organizing financial information, reviewing your spouse’s financial disclosures, negotiating over the terms of the agreement to ensure that what’s most important to you is protected, and going over any final proposed agreement to make sure that it serves your needs and interests. Let us help you avoid the complexities and messiness of a divorce so you can obtain a fair outcome and a fresh start in life. 

Contact Us For a Confidential Consultation to Learn More About How a Gloucester County Marital Settlements Agreement Lawyer Can Make the Difference in Securing a Favorable Outcome in Your Divorce

If you and your spouse are considering negotiating a marital settlement agreement as part of your divorce, or if your spouse has presented you with a proposed settlement agreement, turn to Smedley Law Group, P.C. for experienced legal counsel from a Gloucester County marital settlement agreements lawyer. Call or contact our firm today for a confidential initial case evaluation to discuss your legal rights and options and to learn more about what our firm can do to protect your rights and interests during your divorce through a marital settlement agreement. 

Frequently Asked Questions About Marital Settlement Agreements in Gloucester County

FAQ: Does a marital settlement agreement automatically become part of the divorce judgment?

Not necessarily. Spouses to a divorce action may ask the court to incorporate the terms of their marital settlement agreement into the final judgment of divorce. If the agreement terms are incorporated into the judgment, the agreement effectively becomes a court order. This can make it easier for one spouse to enforce the terms of the marital settlement agreement if their ex later fails to comply with the agreement. However, a marital settlement agreement that isn’t incorporated into the judgment of divorce can still be enforced through a breach of contract action, but this is often more expensive and time consuming.

FAQ: Can I or my ex change the terms of our marital settlement agreement down the road if our circumstances change?

Yes, you and your ex can amend the terms of your marital settlement agreement as you might amend any other contract. A marital settlement agreement can also be amended through a court order (and is required to be amended by the court if the terms are incorporated into the judgment of divorce) unless the agreement expressly states that the terms can’t be altered by a court order. However, the court will always retain the authority to change terms from a marital settlement agreement related to child custody or child support.

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Our experienced team of attorneys have chosen to devote their entire practice to family law, ensuring you have a support system of strong litigators who’ll work on your behalf in your unique situation. We listen and talk with you to determine your goals and desired outcomes, and then work with you to achieve them through our advocacy.

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