Once you and your spouse agree to seek a divorce, and you have agreed on the sticky issues such as property rights, spousal and child support, and custody and visitation, the marital settlement agreement puts the agreement in stone.
A marital settlement agreement is usually sought at the beginning of the process. Iit is best to complete the agreement before filing the action for divorce. Later, after the divorce process is initiated with the Summons with Notice, the marital settlement agreement is filed with the court and becomes part of the divorce judgment.
In some cases, after the action is commenced, one of the parties may start to question the agreement. In such cases, it is important to maintain communication lines with your attorney and make sure the agreement is in your best interest. On the other hand, in almost every agreement, there will always be aspects that a party does not like.
Finally, a marital settlement agreement is a great idea because it reduces some of the stress that comes with ending your marriage. At such a time, it is normal to feel a whirlwind of emotions and uncertainty. With the marital settlement agreement, you can at least begin to imagine what life will be like in the future and take comfort in the fact that everything will be ok.