Difference Between a Marital Settlement Agreement and Divorce Agreement
The legal pathway to divorce can be confusing, and spouses may find themselves confused about the difference between a marital settlement agreement and a divorce decree in California.
A marital settlement agreement is a legally binding contract between spouses that documents agreements about divorce. On the other hand, a divorce decree is a final judgement from the court that dissolves a marriage. In California, only the divorce decree finalizes the divorce, not the settlement agreement.
Marital Settlement Agreement
A marital settlement agreement is a legal document that outlines all the agreements and settlements between divorcing spouses. It contains decisions about division of assets, custody and visitation, and child and spousal support. It can be prepared with the aid of an attorney or mediator and requires the agreement of both spouses.
Since it is a legally binding contract, it is very important that the agreement is as clear as possible. Any errors or vague language in the divorce settlement agreement can lead to future problems and subsequent legal battles.
The marital settlement agreement does not finalize a divorce in the state of California. Upon finalizing and signing the divorce settlement agreement, the spouses must submit the document to the court for approval, where the divorce decree may be issued.
Related: How to Make a Divorce Settlement Agreement in California
Divorce Decree
The divorce decree is the final judgement of divorce, handed down by a court. It is a court order and legally enforces the terms of the marital settlement agreement.
It is possible to receive a divorce decree without submitting a divorce settlement agreement. Instead of submitting their own marital settlement agreement, the spouses may settle the terms of the divorce in court and then receive a divorce decree to finalize the separation.
The date of the divorce decree signals the legal end to the marriage. After the divorce is finalized with the divorce decree, both spouses must uphold their end of the settlement agreement.
FAQs
What is a marital settlement agreement?
A marital settlement agreement is a legally binding contract between spouses that determines the conditions of the divorce. It ensures that both spouses uphold their end of the contract for the divorce.
What is a divorce decree?
A divorce decree is the final judgement of divorce from a court. When a couple receives a divorce decree, their divorce is finalized and they are legally separated.
Do I need a marital settlement agreement to get a divorce decree?
No, a marital settlement agreement is not necessary for a divorce decree. The couple may decide to settle their agreements in court before a judge instead of with a divorce settlement agreement. However, if a couple does create a marital settlement agreement, they must submit it to the court for final approval before receiving a divorce decree.
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