Are you seeking divorce mediation as a way out of your marriage? If you and your soon-to-be ex-partner have settled on getting divorced through divorce mediation, it is pertinent you know about marital settlement agreements.
What is a Marital Settlement Agreement?
In a marital settlement agreement, the mediator will ask both of you to sign a contract, agreeing on the terms and conditions decided on during the divorce mediation proceedings. Once both of you read over the contract and sign it, the contract will be presented to the judge in charge of the dissolution of the marriage.
Will the Marital Settlement Agreement Stand Up in Court?
Yes, it will. The marital settle agreement is like any other agreement prepared during other alternatives of divorce. The judge will not question the approach both parties took to draw up the agreement, but will conclude the marriage straight away.
Since there will be no further disputes of who gets what in the divorce, as both of you drew up the contract with a mutual understanding of the division of assets, the judge’s decision to end the marriage will be a quick one.
Will the Judge’s Ruling Always be This Quick?
No, it will not. If the couple has children, the judge will look over the marital settlement agreement in detail. If the agreement is fair in all accounts, the judge will proceed to make a ruling, granting the parties a divorce and accepting the agreement.
Will You Ever Require the Assistance of a Lawyer?
Again, if the couple has children and if the assets taken into consideration are high in value, both parties may have to hire a lawyer. If your minor children are not involved and your assets are not high in value, there is no need for a lawyer. Also, keep in mind, if you have an abusive marriage, you will need to hire a lawyer.
The Issues Addressed in the Marital Settlement Agreement
In your divorce mediation sessions, you will deal with several important issues such as child support, who gets the house, car, alimony, ownership of pets, and any other property both of you mutually own. Since there will be more than one session, the mediator will take things slow, taking both the parties through one category at a time. Still, the process of agreeing and drawing up a marital settlement agreement will be faster than in litigation.
One of the biggest advantages of divorce mediation is that arguments and fights cease, as both partners have a lot of time to discuss why they should get the car, for instance. Each gets to show the other their point of view regarding a situation.
Are you and your partner thinking of getting a divorce? If you do not want to be in a cage fight with your partner when you enter divorce proceedings, consider choosing divorce mediation, the peaceful way to end a marriage. Contact 1 Source Mediation to set up an appointment with one of our expert divorce mediators.