Getting a Divorce: Do We Need a Marriage Settlement Agreement?

Do all couples need a marriage settlement agreement? It depends on the circumstances of your partnership.

Marriage and Settling – Divorce Agreements


When a married couple is getting a divorce, it is important to discuss how to divide certain assets, such as finances and real estate, and how the couple plans to handle custody and/or visitation of the children.

If the couple can do this amicably, then a marriage settlement agreement may help expedite the legal process of divorce by spelling out the terms of the divorce and the relationship between the parties after the divorce.

While a marital settlement agreement is not required, it can reduce the amount of time it takes to get a divorce and reduce the attorneys’ fees. In some cases, these agreements can be enough for a final judgment, and no court date is needed.

Of course, we always recommend a family law attorney to ensure these documents are assembled properly and in the best interests of the individuals.

What if there are no shared assets or children?

If a couple is getting a divorce but doesn’t have any marital property, joint debts or children, then a marriage settlement agreement may not be necessary. However, it can provide legal documentation about the day a couple separated and dictate the relationship of the couple after the divorce.

Questions about Marriage Settlement Agreements

If you have further questions about divorce and agreements, or you would like to speak to a family law attorney about getting a divorce, then please contact the Lawyer Referral and Information Service (LRIS) of San Diego County at (619) 231-8585, online chat, or via the online form.

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