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After a MSA is signed by both parties and filed with the court, it governs spousal support, child custody and visitation or child support issues. At any point after the MSA is submitted to the court a party may challenge its enforceability.
Generally, this is agreement resolves all rights and obligations that apply in your case. It should include ALL items listed in the PETITION and the RESPONSE, if one was filed. These items include division of property, child custody and visitation, along with child and spousal support.
Divorce Decree: The Main Difference. Your marital settlement agreement doesn't mean that you're divorced. Only your divorce decree means that you're divorced. Your marital settlement agreement will ultimately become your divorce, but it needs to be reviewed by a judge first.
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.
A property settlement agreement lays out each party's assets and liabilities post-divorce. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved. As a legal document, the property settlement agreement will be used as a contract.
You both must sign the agreement. If your spouse didn't file a response in this case, their signature must be notarized.