Marital Settlement Agreement Attorney Los Angeles
A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover complex property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce. An experienced Los Angeles marital settlement agreement lawyer can help u with any of the issues listed above.
Typically issues involving children are not included in the marital settlement agreement, but instead are included in a parenting plan. The parenting plan contains the parties proposed agreements for parental responsibility, time sharing, financial support and any other relevant issues, and is usually included along with the marital settlement agreement.
Marital Settlement Agreement Benefits
A marital settlement agreement can be very beneficial to the parties involved because instead of fighting battles in court they are working together and with their divorce attorney saving time, money and heartache. Additionally, because the terms of the divorce have been pre-arranged by the parties there is only need for one court appearance. The marital settlement agreement provides the parties with a vehicle to reach an amicable settlement in lieu of further litigation.
Marital Settlement Agreement Mediation
Mediation is often where the couple, along with their Los Angeles divorce attorney, will draft their marital settlement agreement incorporating each of the respective terms and conditions. Once the parties have reached an agreement the divorce is settled by the Final Judgement of Divorce by the court. If the parties are unable to come to an agreement of the settlement, then further litigation will ensue and the divorce case will likely move toward a contested final hearing where the court will decide and adjudicate the rights of the parties.
In determining property issues at arbitration or trial, a California family court judge will usually consider the following:
- Length of the marriage
- Contributions of the parties to the marital estate
- Age of the parties
- Health of the parties
- Life status of the parties
- Necessities and circumstances of the parties
- Earning abilities of the parties
- Past relations and conduct of the parties
- General principles of equity
Marital settlement agreements include property division. It is always better for a couple to reach their own property settlement agreement, without going to trial. Divorce mediation can play a strong role in deciding property and debt division. The other choice is to have the solution to your property disputes imposed by a judge, who may not share your views about division of property.
Property Division Factors
To be fair and equitable, the court must consider several factors when dividing property. These factors include:
- The source of the property
- The length of the marriage
- The needs of the parties
- Each party’s contribution toward the acquisition of the property
- The earning ability of each party
- The needs of the parties’ children
- The cause, or fault, of the divorce
These factors become part of the analysis of property settlements, at which point a judge may deviate from 50/50 distribution of marital property.
The difficulty of your divorce will depend greatly on the reasons for your divorce, how long you have been married, how complicated your finances are, and if you have minor children. Having a marital settlement agreement already underway is a great way to move the divorce process forward a few steps, which will save both of you a lot of time and money.
Most divorcing couples, whether in a traditional or common law marriage, will need the help of a qualified Los Angeles family law attorney to ensure the marital settlement agreement is fair, and that nothing important is left out of this important document. The Los Angeles marital settlement agreement attorneys at Boyd Law strongly advocate for their clients positions while giving their clients an honest legal perspective. Contact Boyd Law today for a free consultation.