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Marital Settlement/Post-Nuptial Agreement. What is it?


The anatomy of an MSA 

A Marital Settlement Agreement, sometimes called a post-nuptial agreement, is an agreement between spouses that settles the issues that arise from a marriage. It is usually done in a divorce proceeding but there are good reasons to have an agreement even if you are now considering a divorce. Here is a list of some of the issues that a typical agreement covers.

1: Ownership and distribution of property

2: Children: custody, support, parental responsiblity and visitation rights

3: Spousal support (alimony)

4: Responsibility for existing debt

5: Retirement/IRA/Pension rights

6: Special considerations at death

7: Special concerns arising from your specific situation

Adults can and do make bad deals and the courts will enforce a bad deal. If you do so, the court will generally not change the terms unless there is good reason. If minor children are involved, the court will change your agreement, if the court finds it is not “in the best interests of the children.” At a minimum, you should consult with an attorney prior to reaching agreement to find out what your rights and obligations are under the law. To assure that you agreement is enforceable, you should have an attorney draft it. In the long run it will save you money and perhaps a lifetime of regrets. It’s expensive to “undo” a deal, if it can be undone at all. 

Areas Of Practice:

Family Law

Divorce Law Firm

– Child Support (enforcement and modifications)

– Prenuptial Agreements

– Domestic Violence

– Separations

– Divorces (contested and noncontested)

– Paternity Suits

– Child Custody and Visitation (enforcement and modifications)

– Alimony (enforcement and modifications)

– Property Division

Criminal Law

– Felonies

– Misdemeanors

– DUI

– Assault and Battery

– Drug Offenses

– Juvenile Delinquency

Bar Admissions:

Florida, 1998

Education:

Cumberland School of Law, Samford University, Birmingham, Alabama, 1998

J.D.

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