Hey there! So you’re looking to draft a Marital Settlement Agreement (MSA)? Think of it as the prenup’s grown-up cousin—it’s the document where you and your soon-to-be-ex decide who gets what, who pays whom, and who’s in charge of taking care of the dog after the divorce. Below is a straightforward overview, a checklist of key provisions, and a bare-bones template you can tailor. (Remember: this is for educational purposes, not a substitute for your friendly neighborhood divorce attorney—though I’d love to be that for you.)
1. What Is a Marital Settlement Agreement?
– A binding contract between spouses resolving all marital issues: property division, debt allocation, spousal support, child custody/support, etc.
– Once signed and “so-ordered” by the court, it becomes part of your divorce decree.
2. Key Provisions to Include
1. Parties & Background
– Names, dates of marriage, date of separation.
2. Definitions & Interpretations
– Define “Marital Property,” “Separate Property,” “Spousal Support,” etc.
3. Division of Property
– Real estate (house, vacation home)—who keeps it, how to refinance any mortgages.
– Personal property (furniture, cars, jewelry)—often use a schedule or exhibit listing each item and the recipient.
4. Division of Debts
– Credit cards, car loans, mortgages—spell out who is responsible for each.
5. Spousal Support (Alimony)
– Amount, duration, termination triggers (remarriage, cohabitation).
6. Child Custody & Parenting Plan (if applicable)
– Legal vs. physical custody, visitation schedule, decision-making authority.
7. Child Support
– Amount per local guidelines, payment method, health insurance, uncovered medical expenses.
8. Insurance & Benefits
– Health, life, homeowner’s policies—who maintains, beneficiary designations.
9. Taxes
– Dependency exemptions, alimony tax treatment, sale of primary residence.
10. Attorneys’ Fees & Costs
– Who pays attorney fees, if any.
11. Mutual Release & Waivers
– Releasing future claims against each other.
12. Modification & Enforcement
– Process for modifying the agreement if circumstances change.
13. Miscellaneous
– Governing law (your state), severability (if one part’s invalid, the rest stands).
14. Signatures & Notary
– Both parties sign before a notary public.
3. Handy Tips & Humor Break
– “House Divvy-Up”: Imagine you’re drafting an ad for eBay—“Guy giving away 50% of dishwasher, free to a good home.”
– Keep exhibits (like furniture lists) separate so you don’t accidentally forget Aunt Mable’s priceless porcelain frog collection.
– Be precise: “My dream car” vs. “the red Mazda convertible I’ve crashed twice.”
– If you’ve negotiated over text messages, print them out. “But he *texted* he’d let me have the toaster!”
4. Sample Skeleton Template
[Use your case caption here—names, court info]
1. RECITALS
1.1 Parties & Date of Marriage
1.2 Date of Separation
2. DEFINITIONS
3. PROPERTY DIVISION
3.1 Real Property
3.2 Personal Property (see Exhibit A)
4. DEBT ALLOCATION
5. SPOUSAL SUPPORT
6. CHILD CUSTODY & SUPPORT
7. INSURANCE & RETIREMENT BENEFITS
8. TAX MATTERS
9. ATTORNEYS’ FEES
10. MUTUAL RELEASE
11. MISCELLANEOUS
SIGNATURE BLOCKS & NOTARY
5. Final Thoughts
– Always run your draft by a licensed attorney in your jurisdiction. I’m funny, but local rules are no joke.
– Courts love clarity; ambiguity is like a toddler in a candy store—disastrous.
– Keep a copy (or three) in your file and back them up: cloud, USB stick, under your mattress—whatever floats your post-divorce yacht.
There you have it: your roadmap to an MSA that settles everything short of who gets the goldfish (but hey, you can add that in Exhibit B!). Good luck, and may the division odds be ever in your favor.