{"id":351780,"date":"2016-04-04T11:02:34","date_gmt":"2016-04-04T16:02:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/settlement-agreements-and-court-approval.html"},"modified":"2023-07-23T12:49:08","modified_gmt":"2023-07-23T17:49:08","slug":"settlement-agreements-and-court-approval","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/settlement-agreements-and-court-approval.html","title":{"rendered":"Divorce Settlement Agreements and Court Approval"},"content":{"rendered":"\n
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Divorce Settlement Agreements and Court Approval<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A divorce settlement agreement is one way to end a marriage without a lengthy trial or litigation.  The agreement reflects the wishes of both parties to resolve their disputes.  The parties must submit the agreement to the court for approval and inclusion in the divorce degree.<\/p>\n\n <\/div>\n\n

The long process of divorce ends in a simple document called a marital settlement agreement (MSA). Divorce involves arguments, court hearings, and legal forms, but the settlement agreement can be straightforward. In some divorce cases, the couple can write their own settlement agreement.<\/p>\r\n

Whatever route a divorcing couple takes to reach the final separation agreement, it must resolve all disputes and follow state law guidelines to receive court approval. This article reviews what goes into a successful marital settlement agreement.<\/p>\r\n

The Divorce Settlement Agreement<\/h2>\r\n

If one party requests spousal support, the settlement agreement will mention support obligations. If the couple has minor children, the agreement will have a custody agreement attached.<\/p>\r\n

The parties and their attorneys may work out the divorce settlement, or it may take several hearings with the family law judge. Eventually, it will contain any or all of these sections:<\/p>\r\n

Custody Agreement<\/h3>\r\n

The settlement agreement must contain.<\/p>\r\n

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  1. Parenting plan<\/li>\r\n
  2. Visitation (also known as "access" or "parenting time")<\/li>\r\n
  3. Holiday schedule<\/li>\r\n
  4. Provision for physical and legal custody<\/li>\r\n
  5. Any other arrangements for the child<\/li>\r\n<\/ol>\r\n

    Judges have the discretion to sever the child custody portion of the divorce if they consider it in the best interests of the child.<\/p>\r\n

    Child Support Agreement<\/h3>\r\n

    Parents may suggest a support arrangement, but judges must adhere to state child support guidelines. Parents can request a \u201cdownward deviation" from the guidelines in extreme situations. Judges seldom or never grant them unless there is support from another source, such as a grandparent or third party. Child support depends on parenting time and the income of both parents. It relies on the approval of the custody agreement.<\/p>\r\n

    Property Settlement Agreement<\/h3>\r\n

    The property settlement agreement identifies:<\/p>\r\n