Marital settlement agreements and mandatory disclosures

Marital settlement agreements and mandatory disclosures

Garfield Logan Law Attorney

The Implications of Marital Settlement Agreements MSA’s are extensively used by couples in California for resolving their contested claims and disputes regarding divorce. Comprehensive marital settlement agreements usually divide debts and assets and also cater to aspects like payment for a child, support given to family or spouse, custody of children, visitation and several other issues.

These disclosures are mandatory and can help in the dissolution of marriage. For more information regarding the disclosure terms, a Garfield Logan attorney may be consulted.

Garfield Logan Law Attorney

Drafting of marital settlement agreements The circumstances and facts of each case may vary.

In marital settlement agreements involving issues like debt division, property division, support, visitation and custody.

It is important to ensure that the agreement is properly drafted. In order to ensure this, the services of experts like Garfield Logan law may be hired.

Garfield Logan Law Attorney

Limitations of marital settlement agreements As per Section 4302 of the Family Code, legal prohibitions do not apply regarding waiving spousal support post-dissolution. This implies that in the case of spouses separating by agreement, none of the parties are obliged to support each other unless otherwise agreed upon. Therefore, voluntary waiver regarding support in marital agreements is enforced according to terms.

According to Sections 7219 (b) and also 1100 (e) of the Family Code, spouses having confidential relationships are bound by fiduciary obligations in case of transactions between spouses. The fiduciary duties and the confidential relationship continue even post separation of the partners unless and until issues like support and distribution of community state are resolved.

Garfield Logan Law Attorney

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Garfield Logan Law Attorney