Mississippi Marital Settlement Agreement: What You Need to Know

A Marital Settlement Agreement in a divorce is a useful tool for spouses who want to end their relationship amicably and choose an uncontested procedure. The document helps to outline both parties’ rights and obligations after their marriage is dissolved so that the judge can incorporate these terms into the final order.

In this article, we offer a brief overview of things you need to know about Marital Settlement Agreements in Mississippi.

What is a Marital Settlement Agreement?

A Marital Settlement Agreement (MSA) is a legally binding written contract between the divorcing spouses that dictates the terms of their marriage dissolution. It is applicable in uncontested cases when a couple can amicably agree on matters concerning children, property, and other related aspects and record their decisions for the court’s consideration. Yet, they may resort to legal mediation in case some issues are hard to negotiate but they still do not want to involve lawyers or attend trials.

The parties must enter an MSA freely and voluntarily, without fraud or coercion, put their signatures on the document, notarize it, and file it with the court. The judge will review it and incorporate the set terms into the final decree if they do not violate any legal or ethical principles. If any of the child-care, property, or financial agreements of a divorce outlined by the parties seems unfair, unlawful, or ambiguous, the court may amend it before signing the final judgment.

What Does a Marital Settlement Agreement Cover?

A basic divorce agreement may usually cover the following:

• Child custody, visitation rights, and parenting plans;
• Child support;
• Alimony (spousal support);
• Property and debt division;
• Insurance plans;
• Pensions and retirement arrangements;
• Social security benefits;
• Tax considerations;
• Attorneys’ fees;
• Name change;
• Relocation considerations;
• Parental conduct and communication with children and each other post-divorce;
• Agreement modification considerations;
• Enforcement measures;
• Other legal state-specific issues.

The content of a Marital Settlement Agreement greatly depends on the unique family circumstances. However, it is important to think through all the possible disputes to avoid arguments in the future.

Can an MSA Be Modified?

Even though an MSA is a legally binding written agreement for divorce, it can be modified post-judgment if circumstances change. In such a case, either both or one of the spouses may file a motion to modify a certain order with the court and provide evidence for its necessity. If the judge finds their proof of a substantial change in circumstances sufficient, they will make corresponding amendments and issue a new order.

What Are the Benefits of an MSA?

Although an MSA is not a requirement and spouses may leave it to the judge to decide all their matters, even if they go for an uncontested divorce, a mutual agreement on paper has several benefits:

• If you negotiate and settle the disputes before filing for divorce, you save time for both yourself and the court. The judge only needs to review the document, make amendments if necessary, and incorporate it in the final order, which eliminates the necessity to attend several hearings.
• Your ability to settle all your disputes amicably with your spouse and record your decisions in a Marital Settlement Agreement saves a lot of money since you do not necessarily need to involve attorneys or even mediators who charge hourly for their services.
• When you make decisions concerning important matters without the judge’s involvement, you gain a sense of control and predictability about your future.

If you can agree with your spouse on important matters amicably, you avoid future conflicts caused by their or your unwillingness to comply with the judge’s decisions.