What is a Marital Settlement Agreement? A San Diego Divorce Attorney Explains

A Marital Settlement Agreement (MSA) outlines the terms of a divorce between two parties. In California, an MSA is enforceable by law and is as binding as any other contract. The MSA covers various aspects of the divorce, including the division of assets, child custody, and spousal support. In essence, an MSA is a roadmap that guides you and your spouse through the divorce process, ensuring a fair and peaceful resolution.

How Much Does a Marital Settlement Agreement Cost?

A San Diego Marital Settlement Agreement attorney typically charges under $3,500. The final price may change depending on factors such as the complexity of the divorce and if you need assistance in negotiating the settlement terms for the agreement. Additional time would increase cost, but attorneys often assess your needs and offer a set fee rate for the divorce MSA.

Top family law attorneys in San Diego specialize in creating MSAs and charge flat fees to make it affordable and less stressful for their clients. It’s important to discuss the cost structure and services included with your attorney before proceeding with the drafting of a Marital Settlement Agreement. Many offer a free MSA divorce consultation which you can schedule by calling (858) 255-1321.

How Long Does a Marital Settlement Agreement Take?

The timeline for getting a Marital Settlement Agreement (MSA) can vary depending on several factors, including the complexity of the issues involved, the cooperation of both parties, and the efficiency of the legal process. Here are some general considerations:

  • Negotiation Period: The negotiation period to reach an agreement on the terms of the MSA can vary. It depends on how quickly both parties can come to a consensus on issues such as asset division, child custody, and support.
  • Legal Processing: Once the terms are agreed upon, the drafting and review of the MSA by attorneys typically take some time. This process can range from a few days to a few weeks, depending on the workload of the attorneys and the thoroughness of the review.
  • Filing and Court Approval: After the MSA is finalized, it needs to be filed with the court for approval. The court review and approval process can take several weeks to months, depending on the court’s schedule and backlog.
  • Finalization: Once the court approves the MSA, it becomes a legally binding document, and the divorce proceedings can be finalized.

In general, the timeline to get an MSA can range from a few weeks to several months, depending on the specific circumstances of the case and the efficiency of the legal process involved. It’s essential to work closely with your attorney and follow their guidance to expedite the process as much as possible.

The Legal Framework of Marital Settlement Agreements

In California, the law recognizes MSAs as legally binding contracts. Once signed, both parties must adhere to the terms, and non-compliance can lead to legal consequences. The court reviews the MSA before approval to ensure fairness and legality.

An MSA is not a casual agreement; it’s a serious legal document with significant implications.

Key Components of a California Marital Settlement Agreement

A California MSA is a comprehensive document that covers many aspects of the divorce, including:

  • Child custody and visitation arrangements
  • Spousal support (alimony) terms
  • Division of property and debts
  • Retirement accounts and pensions division
  • Date of separation and its impact on asset division

Each MSA is unique and reflects the specific circumstances of the divorcing couple. Having a clear, detailed MSA provides a roadmap for post-divorce life.

The Importance of Full Financial Disclosure

Full financial disclosure is crucial in an MSA to ensure honesty and transparency. Each spouse must disclose all assets and debts, including income, property, and financial obligations. Without full disclosure, the MSA could be challenged and might even be set aside. Being open and honest is the best way to ensure a fair and enforceable MSA.

Addressing Child Custody and Support in Your MSA

Child custody and support are key parts of an MSA, focusing on the well-being of the children. Custody outlines who the children will live with and covers visitation rights for the other parent. Child support ensures the children’s financial needs are met. The children's best interests are paramount, and your MSA should reflect this.

Determining Spousal Support and Division of Property

Spousal support, or alimony, provides financial support for the lower-earning spouse. The amount and duration of support depend on factors like the length of the marriage and each spouse’s earning capacity.

Property division is also a key component. California is a community property state, meaning all assets and debts acquired during the marriage are split equally. However, the date of separation can affect how property is divided. It’s important to consider future financial needs to ensure your MSA is fair and sustainable.

The Role of Mediation in Crafting Your Marital Settlement Agreement

Mediation is a valuable tool in crafting an MSA, where a neutral third party helps negotiate the terms. The mediator facilitates discussions and helps both parties reach an agreement without making decisions for them. Mediation can reduce conflict and legal expenses and lead to a more tailored and flexible MSA. Patience and a willingness to compromise are key in mediation to find a solution that works for everyone.

Ensuring the Enforceability of Your Marital Settlement Agreement

For an MSA to be enforceable, it must be in writing and signed by both parties. It also must be reviewed and approved by a California court to ensure it meets legal standards. If one party doesn’t comply, the MSA can be enforced in court. An MSA can be set aside if signed under duress or fraud, so fairness and transparency are essential.

Modifying Your Marital Settlement Agreement Post-Judgment

Life changes, and so can your MSA. Significant changes in circumstances, such as changes in income, health, or living situations, can necessitate modifying your MSA post-judgment. 

what is a marital settlement agreement

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