In the course of divorce proceedings, if the parties can reach an agreement, the terms of that agreement will be set forth in a document called a “marital settlement agreement.” This agreement will address all of the issues that may be applicable to a particular case including the distribution of property, alimony, child support and the adoption of a parenting plan.
The purpose of the agreement is to clearly lay out the rights and responsibilities of each party and to serve as a road map regarding the relationship of the parties after the divorce judgment is entered and allows a judge to enforce the agreement of the parties when one party brings an enforcement motion against the other if the agreement is breached. If, for example, a party fails to pay child support or alimony pursuant to the agreement, the violating party can be held in contempt of court for violating an order enforcing the agreement which could lead to incarceration of the violating party if he or she fails to comply. Therefore, a well drafted agreement is an important tool to implement the intent of the parties after the dust of the divorce has cleared.
Our family law attorneys work closely with other departments in the firm to ensure that taxation, real estate, estate planning, business concerns, and other matters are also properly considered and addressed in these settlement agreements.
Contact us to speak with Icard Merrill’s respected divorce lawyers to learn more about our approach to marriage dissolutions and marital settlement agreements.