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A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
A settlement agreement works by the parties coming to terms on a resolution of the case. The parties agree on exactly what the outcome is going to be. They put the agreement in writing, and both parties sign it. Then, the settlement agreement has the same effect as though the jury decided the case with that outcome.
What Should Be Included in a Settlement Agreement? Identifying information for all involved parties. A description of the issue you're seeking to settle. An offer of resolutions that both parties agree to. Proof of valid consideration from both parties without coercion or duress. Legal purpose.
If the creditor agrees to your offer, it should stop further action. This is called a 'full and final settlement offer'. You might make this kind of offer if a relative or a friend can provide you with the money.
Both parties should read the agreement thoroughly before signing.. It's not uncommon for a marital settlement agreement to be revised multiple times. The document should also be notarized by an official notary. If the agreement is not written, signed and notarized, it may not be enforceable.
An MSA is a written agreement or contract which resolves all issues arising out of your divorce. Once signed and notarized, an MSA will allow you and your spouse to obtain an uncontested divorce or divorce by mutual consent.
Generally, contracts don't need to be notarized, as the signed contract itself is legally binding. However, if a potential legal dispute arises between the parties, having the contract notarized can be very beneficial. Having a notary will provide proof of the parties entering into the contract.
A marital separation agreement would be legally-binding as long as it was executed properly.