Marital Settlement Agreement

A Marital Settlement Agreement, commonly called MSA, is a document that accompanies your proposed Judgment papers when filed with the court. It is used in uncontested cases where the respondent did not file a response or where the parties need to clarify the terms of their divorce. It is used when the parties want to resolve any contested disputes and claims.

Usually, it used in uncontested divorces to ensure that the parties do not have to appear in court.

A well written marital settlement agreement (MSA) will provide for the following matters:

• Complete Property Settlement. This includes the community property, quasi-community property, how it is divided, and all separate property. It includes the agreement about dividing retirement funds.
• Information regarding debts, who will pay them, if there will be any reimbursements to either party.
• Complete information about the Child Custody arrangement and the Parenting Plan. It should include the agreement about which party will pay for the child(ren)’s health care and health insurance.
• Complete information about the agreement regarding spousal support, when it will begin, when and under what terms it will cease.
• Complete information about the incomes of each party, and the marital income and standard of living during the marriage.
• Agreement regarding tax issues.
• Any information about the terms of a possible reconciliation.
• The plan for settling disputes which may arise between the parties.

A Marital Settlement Agreement should conform to the California Family Code, the Rules of Court, and any applicable local court rules.

An agreement must conform to all general principles of contract law. We simplify this process. We use special software, approved by the California Judicial Council, to type up your Marital Settlement Agreement. This helps to ensure your MSA will be accepted by the court.