Whats A Marital Settlement Agreement (MSA)?
Through a “marital settlement” agreement (“MSA,” sometimes referred to as “marital termination” agreement), spouses (or registered domestic partners) seeking a legal separation, dissolution or judgment of nullity attempt to resolve their contested disputes and claims. A comprehensive marital settlement agreement usually provides for all of the following: Characterization of property interests and characterization and division of the community estate (assets and debts); Adjustment of reimbursement claims and income tax issues; Payment of child support, spousal support and attorney fees and costs; Child custody and visitation; and Certain waivers and indemnification agreements between the spouses. Separate Attorneys Advisable Independent legal representation for the respective spouses is not a formal “requirement.” But, to narrow the possible grounds to void the agreement, each spouse should have the benefit of independent legal advice during the negotiation, drafting and execution stage