Marital Settlement Agreements represent the spouses' agreement on the issues of the divorce.  It is an amicable settlement of the divorce.  The parties may agree, for example, on a mutual waiver of the right to receive spousal support and on the appropriate division of community property.

 

In California, there are statutory requirements that the agreement must meet.  For instance, the Marital Settlement Agreement must recite that each party to the divorce waives his or her right to production of the Final Declaration of Disclosure from the other party.  (Among other things, the Final Declaration of Disclosure requires the parties to list their assets and liabilities.)

 

 

 

Often the parties hit a roadblock in formulating the Marital Settlement Agreement.  This is due to differences they may have on various substantive issues in the divorce. 

 

If the parties utilize a paralegal or legal assistant to draft the Marital Settlement Agreement, they will be hopelessly deadlocked.  A paralegal may prepare the paperwork, but if the parties cannot agree on the issues, that paralegal cannot give legal advice to resolve their differences in the divorce.

 

Typically, each spouse will then seek the advice of an attorney if they are unable to agree to a Marital Settlement Agreement and litigation, with its attendant high cost, ensues.

 

This problem can be eliminated, however.  If the Law Offices of Keith F. Carr  prepares the Marital Settlement Agreement and a dispute arises, the Law Offices of Keith F. Carr can mediate and resolve the conflict (with the consent of each spouse) immediately and definitively.  The Marital Settlement Agreement will be back on track and the parties saved from further litigation, court delays, and most importantly, attorneys fees.

 

 

 

Furthermore, the Law Offices of Keith F. Carr can carefully review a Marital Settlement Agreement (already prepared by the parties) before submission to the Superior Court.  If there are any mistakes in the Marital Settlement Agreement, the court will simply return everything to the spouses, unsigned by the judge.  The Law Offices of Keith F. Carr will prevent that from happening.  We will review the Marital Settlement Agreement to make sure it meets all statutory requirements and will be approved by the court.