In an uncontested divorce, spouses normally agree on all the matters related to their marriage dissolution without the help of an attorney or a judge in resolving their disputes. The terms they have determined must then be recorded in a written contract that may come under a variety of names like Marital Settlement Agreement, Separation Agreement, Mediated Agreement, etc. The judge uses this document as a guide to enact the orders concerning divorce-related matters if the provisions do not contradict the current legislature.
We offer a short guide on what a divorce settlement agreement in PA is to explain its meaning, advantages, terms, and possible options.
Table of Contents
What Is a Marital Settlement Agreement in Divorce?
A marriage settlement agreement in PA is known as a Marital or Property Settlement Agreement. This document serves as a written contract to outline the spouses’ rights, responsibilities, and obligations after their marriage is dissolved. In it, a couple may specify the terms concerning children, property division, and financial matters as mutually agreed upon.
Drafted by the spouses, this agreement is legally binding, valid, and enforceable. After the judge reviews and approves it, they include its provisions into the final Divorce Decree and make it a part of the court order.
What Does the Marital Separation Agreement Cover?
A marital settlement agreement may cover issues concerning children, property, debts, and other aspects of parties’ lives and relations after they end their marriage. Since there is no uniform official divorce settlement agreement form in Pennsylvania, a couple may draft it arbitrarily, following the standards of an official document.
Matters to be outlined in a settlement agreement include but are not limited to:
- Child custody;
- Visitation rights;
- Possible relocation arrangements;
- Parties’ communication and interactions from parent-parent and parent-child perspectives;
- Spousal support;
- Marital and separate property and asset division;
- Debt allocation;
- Health and life insurance arrangements;
- Pension plans and other retirement arrangements;
- Agreement modification considerations;
- Enforcement mechanisms in case either party breaches the agreement;
- Attorney’s fees;
- Taxes;
- Issues specific to Pennsylvania laws.
Mind that a property settlement agreement in Pennsylvania does not cover child support, which is calculated strictly according to the set guidelines.
What Are the Advantages of the Marital Settlement Agreement?
A properly drafted Property Settlement Agreement in PA can help spouses save a lot of money and time and minimize the stress associated with divorce. Let’s consider some of its most important benefits in more detail:
- When you have all the disputes settled amicably outside the court, you do not have to waste your time on lengthy court proceedings and emotionally pressing hearings or trials, which makes the process much faster than contested litigation and stress-free.
- With all the disputes resolved and a settlement agreement drafted on your own, you do not necessarily need an attorney’s assistance, saving thousands on their hourly fees.
- You have a chance to set forth your own terms that address your unique circumstances and needs, offering you a kind of flexibility and personalization of the agreement that will be included in the final court order.
- When you negotiate, carefully consider every detail, and make decisions on each aspect of your marriage dissolution yourself, you get some sense of control over important matters post-divorce.
- Similarly, thoroughly thought out and accurately specified terms of your divorce make things more predictable, which provides more certainty in short- and long-term planning of your future.
- Since you come to a consensus on all the terms with your spouse amicably, you have a chance of minimizing conflicts between you two in the future.
- Marital settlement agreements are never made public like, for example, divorce records, which ensures their total confidentiality.
Can a Marital Settlement Agreement Be Changed?
Generally, once the Pennsylvania marital settlement agreement is included in the final order and enforced, it cannot be changed. Yet, it is possible to do this afterward by filing a motion for modification if both parties consent to the change. Similarly, either party may petition to modify any term due to a substantial change in circumstances.
Can a Court Modify a Marital Settlement Agreement?
Although marital settlement agreements are governed by contract law, the court is in a position to modify any terms of a divorce settlement if they are ambiguous or contradict the current Pennsylvania legislature. Some matters, such as attorney’s fees or communication and interaction considerations, for example, can only be changed by the court if the agreement contains specific provisions allowing judicial intervention. However, if the judge notices any fraud, undisclosed assets, terms that do not meet the child’s best interests, or any other legal inconsistency, they have the power to modify a marital settlement agreement before enacting it.
Summary of Pennsylvania MSA
A marital settlement agreement is a written contract between the divorcing spouses that sets forth all the terms of their marriage dissolution, outlining both parties’ rights, duties, and obligations post-divorce. If the provisions specified in this document do not contradict the current Pennsylvania legislature, the judge approves them and incorporates them into the final divorce decree. Since these contracts are legally binding, both parties’ rights are protected, and any breach of a divorce settlement agreement entails unpleasant consequences in the form of fines or other possible penalties imposed on the violator.