Marital settlement agreements and mandatory disclosures

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Marital settlement agreements and mandatory
disclosures
Garfield Logan Law Attorney
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The Implications of Marital Settlement Agreements
MSAs are extensively used by couples in
California for resolving their contested claims
and disputes regarding divorce. Comprehensive
marital settlement agreements usually divide
debts and assets and also cater to aspects like
payment for a child, support given to family or
spouse, custody of children, visitation and
several other issues. These disclosures are
mandatory and can help in the dissolution of
marriage. For more information regarding the
disclosure terms, a Garfield Logan attorney may
be consulted.
Garfield Logan Law Attorney
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Drafting of marital settlement agreements
The circumstances and facts of each case may
vary. In marital settlement agreements involving
issues like debt division, property division,
support, visitation and custody. It is important
to ensure that the agreement is properly drafted.
In order to ensure this, the services of experts
like Garfield Logan law may be hired.
Garfield Logan Law Attorney
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Limitations of marital settlement agreements
As per Section 4302 of the Family Code, legal
prohibitions do not apply regarding waiving
spousal support post-dissolution. This implies
that in the case of spouses separating by
agreement, none of the parties are obliged to
support each other unless otherwise agreed upon.
Therefore, voluntary waiver regarding support in
marital agreements is enforced according to
terms. According to Sections 7219 (b) and also
1100 (e) of the Family Code, spouses having
confidential relationships are bound by fiduciary
obligations in case of transactions between
spouses. The fiduciary duties and the
confidential relationship continue even post
separation of the partners unless and until
issues like support and distribution of community
state are resolved.
Garfield Logan Law Attorney
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Garfield Logan Law Attorney