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Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.
7 Tips for Creating a Divorce Settlement Agreement#1. Start with the Basics.#2. Include the Details.#3. Confirm Your Agreement.#4. Identify and Divide Assets and Debts.#5. Create a Parenting Plan for Custody and Visitation.#6. Agree on Child Support and Spousal Support (Alimony)#7. Polishing Your Agreement.Conclusion.
A Marital Settlement Agreement, written and signed by both spouses, is a contract that defines the terms of their divorce. Depending on the issues in your case, the Marital Settlement Agreement must address a variety of issues. First, custody and parenting time issues must be addressed if children are involved.
Settlements mean that the case is not decided by the Judge (Court). Instead, you and your spouse agree to resolve the matter without the Judge making a decision. Settlements can happen before the day of trial, on the day the trial is scheduled, or even in the middle of the trial.
A California marital settlement agreement allows divorcing spouses to document their decisions for alimony, child support, child custody, and the division of jointly-owned assets and debt. By defining these decisions in advance, the couple controls post-marital rights and responsibilities.