Marital Separation Agreements

When Do Marital Separation Agreements Matter?

A Marital separation agreement is a contract that is legally binding in nature. This specific agreement can be used for the division of property and assets - spelling out the rights of both spouses and for the settlement of things such as child custody and spousal support. A marital separation contract is not needed in case of a no-fault divorce for couples with no debts, children or marital property. Find out when these agreements actually matter.

Child Support

Where child support is concerned, a marital separation agreement is one of the legal contracts that helps settle the matter. In case you want to you have this contract merged into your divorce verdict, the child support might have to be modified by the court in the agreement downloads or upwards based on the existing situation.

However, when the contract survives the judgment of the court, an unforeseen or an anticipated alteration in circumstances is the standard for upward adjustment to this type of agreement. Keep in mind that it is tough to prove downward child support adjustment cases.

Alimony / maintenance and spousal support

Marital legal separation in Texas contract has enough significance when it comes to determining the alimony or maintenance amount and spousal support finances.

In case of any change in situation in the future, the duration and amount of alimony might be modified by the court. However, that will be done only in case you mentioned beforehand in requirement to have the contract merged with the divorce decree. However, if the agreement survives the court judgment, it will not undergo any change.

Right to Sue

If a marital separation agreement survives the judgment of the court as a separate agreement, the right to sue of the other party it is still in place for contract obligation enforcement. The other party can get a judgment about the money that is owed in spite of the changes made by the court. This party has the legal right to seek and get the money after suing.

Alternately, in case the separation agreement is marched with the divorce judgment and is changed, the payer cannot separately sue for the contract enforcement - given that no marital separation contract exists at this point of time.

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Carl writes often about legal drafting, rental lease agreement, marital separation agreement and helps the people in such needs. You can find his thoughts at legal documents blog.