A Marital Settlement Agreement in Alabama is a written contract between spouses that sets out the terms of a divorce. In an uncontested marriage dissolution, when a couple intends to end their relationship peacefully, it is used to arrange divorce-related matters out of court. Such a marital property settlement agreement outlines both parties’ rights and responsibilities regarding their property, children, and each other post-divorce.
In this article, we will discuss a marital settlement agreement in Alabama, its requirements, and possible components.
Is a Marital Settlement Agreement Required in Alabama?
A Settlement Agreement is among the documents that must be completed and filed as part of an uncontested divorce packet in Alabama. Courts generally encourage couples to enter into such contracts to facilitate the process for everyone involved. This written divorce agreement shows how spouses want their case to be handled and dictates what orders to enforce. While it’s quite possible that the judge does not approve all the provisions and changes some terms if they seem unfair or ambiguous, this document still serves as a road map for the court in dissolving a marriage.
When You Need a Marital Settlement Agreement in Alabama?
You need a Marital Settlement Agreement if you go for an uncontested marriage dissolution in Alabama.
If both spouses consent to the divorce and can resolve disputable matters, if any, before filing with the court, they qualify for an uncontested procedure that does not require third-party involvement. In this case, they must complete a Marital Settlement Agreement, sign and notarize it, and submit it to the court with other divorce forms. This document outlines the child-related and property settlement agreements that the judge can incorporate into the final order if they meet the current legislature, satisfy the children’s best interests, and do not violate any other principles of ethics and fairness.
What Does a Marital Settlement Agreement Involve?
A standard Marital Settlement Agreement may include the provisions concerning children, property, and other divorce- and post-divorce-related matters. Specifically, some of the aspects that must be outlined include but are not limited to:
- Child custody and visitation rights;
- Possible relocation considerations;
- Communication between the parties and between children and parents after divorce;
- Child support;
- Alimony;
- Property and debt division;
- Life and health insurance arrangements;
- Pension plans and other retirement considerations;
- Taxes;
- Attorneys’ fees;
- Enforcement measures in case of either party’s breach of a divorce settlement agreement;
- Any state-specific considerations.
Generally, it is highly advisable to consult a county court’s clerk before making any agreements or completing the documents. At first, get to know the requirements for an uncontested divorce in your county, what documents must be filed, and what information must be included.
Is It Possible to Modify a Marital Settlement Agreement?
Although it is legally binding, a judge may modify a Marital Settlement Agreement before signing the final order.
Firstly, for the document to be enforceable, the parties must enter into the agreement voluntarily and freely, without coercion, duress, or any undue influence. Secondly, both spouses must be honest in disclosing their financial information without concealment or fraud. Besides, decisions concerning property division must be fair and based on the equitable distribution principles applied in the state. Finally, the spouses’ agreements on children must consider the kids’ best interests. If either provision in a Marital Settlement Agreement does not meet these requirements, the judge may amend it.
Moreover, ex-spouses can ask the court for modifications due to the changed circumstances after the judge signs the final order. For this, they must file a motion to set aside a settlement agreement or any of its provisions and provide solid evidence of a significant change in circumstances.
Veronica Wuest is a full-time writer and a paralegal who specializes in subjects related to divorce. In her articles, Veronica explores the intricacies of married life, love, and relationships. In addition, she gives practical recommendations and offers guidance for couples who’ve been through the ups and downs of relationships or decided to end them. In her free time, Veronica enjoys yoga and pilates. She is also an avid cook and enjoys trying out new recipes.