What is a Marital Settlement Agreement (MSA)?

By Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsMSA stands for Marital Settlement Agreement, and is the product of divorce settlement negotiations between the spouses.   If an agreement is done right, the agreements work excellently.

Successful MSA

Ensuring a successful MSA needs a few basic steps. You must find a third party who can be trusted. This party must also know the art of facilitating a negotiation. This role frequently falls to the mediator. However, if you want to make this process productive, it is important for you to know how the process works of negotiation works. The preparation should include the trying and identification of what matters the most in the larger scheme of things. This includes ensuring that the children do not get traumatized by the divorce, the matter of both spouses actively participating in raising children. It also includes one spouse wanting to know whether a secure financial future awaits and ensuring that both spouses remain as “friends”. You must have a complete knowledge of all rights and obligations enjoyed by you. This includes a part where the court has the discretion in making the orders.

You should carefully study the manner the children are cared for. Make all general, tentative and flexible plans for the future care of children. You can prepare by thoroughly identifying and then disclosing all debts and properties. Do take time to comprehend fully the present financial situation enjoyed by you. This includes both money flowing in and money flowing out. You should project the financial requirements when the divorce becomes final.

Important topics

In general, five particular topics come under discussion during the divorce mediation. They are then incorporated into Parenting and MSA plan. Such topics are frequently presented and then explained using P.E.A.C.E acronym: Parenting and Equitable Distribution followed by Alimony and Child Support. Last comes Everything Else. Do note that equitable distribution is a fair but may not be equal division of all assets, debts and marital property. The alimony is defined as money which is paid as fulfillment of duty to support a spouse post-divorce or separation.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation