Marital Settlement Agreement in Pennsylvania

When a couple wants to end their marriage and can amicably negotiate all the matters concerning their property and children, they qualify for an uncontested divorce. In such cases, they often draft a marital settlement agreement (MSA) outlining each aspect of their marriage dissolution to present to the court. If the judge finds it fair and lawful, this agreement will become the basis for final divorce orders.

An MSA is generally known as a Property Settlement Agreement in PA. In this article, we will discuss what it is, what it includes, what it is good for, who and when can modify it, and what happens if you breach it.

What is a Marital Settlement Agreement?

When ending a marriage, settlement agreement is an efficient tool that allows a divorcing couple to set the terms of their marriage dissolution. It is a written contract between spouses specifying each party’s rights, obligations, and responsibilities related to child custody, alimony, property and debt division, and other relevant matters.

In Pennsylvania, a Property Settlement Agreement is not an obligatory form to be filed as part of the basic divorce paperwork. However, the courts allow and even encourage spouses to make this contract as a basis for the judge’s decisions, which saves time and effort for both the couple and the court. The judge will review the document and consider its appropriateness, fairness, and lawfulness against the case circumstances. If they approve the agreement, its provisions will be included in the final judgment and enacted as legally binding divorce orders.

What Could Be Included in a Marital Settlement Agreement?

An MSA may include provisions regarding any aspect of your marriage dissolution and post-divorce life that you and your spouse have agreed upon. However, the judge may not consider child support, even if you have put it into the agreement, as related calculations and decisions are based strictly on the legal guidelines predetermined by the state.

Matters that may be outlined in a Pennsylvania Property Settlement Agreement usually include but are not limited to:

• Child custody;
• Visitation schedule;
• Relocation arrangements;
• Communication between parents after divorce;
• Alimony;
• Property division;
• Debt allocation;
• Pension plans and retirement arrangements;
• Insurance-related matters;
• Possible modifications;
• Enforcement measures in case of need;
• Pennsylvania law-specific matters;
• Your family-specific matters;
• Taxes;
• Attorney’s fees.

Benefits of Marital Settlement Agreements in PA

The primary benefit of an MSA in divorce is that it can make your marriage dissolution process much simpler, faster, stress-free, and cost-effective since there will be no need for third-party involvement and tense court litigations.

Firstly, it saves time and money. If you manage to amicably agree on all the divorce-related aspects with your spouse, you do not have to hire attorneys and pay them hourly fees, spend weeks or months on stressful and tiresome dispute negotiations, and attend countless court hearings or trials. Additionally, you free yourself from the unnecessary stress and extra effort and unburden the court’s caseload.

Secondly, it provides customization. When you create a settlement agreement on your own terms, you have the flexibility to tailor it to your unique circumstances. Of course, there is no guarantee that the judge will approve each provision the way you have outlined it. However, mentioning your specific needs, which the judge will certainly consider, gives you hope for the best outcome.

Consequently, it offers a sense of control. A well-thought-through MSA provides some kind of predictability and enables you to plan for your future with more confidence.

Lastly, it minimizes conflicts. A mutually and amicably concluded agreement makes possible a peaceful coexistence with your soon-to-be ex post-divorce. If the final orders enforced by the court are based on the terms you have agreed upon, you will likely have no reasons to fight or argue.

Can a Marital Settlement Agreement Be Modified by a Court?

A court can modify any provision of a divorce settlement agreement in PA if it is considered ambiguous or does not meet the current Pennsylvania legislature. If, for example, some terms do not meet the child’s best interests or any party conceals or presents false financial information, the court will not approve it and change the final ruling.

On the other hand, matters like spouses’ interrelations and communication after divorce or attorney’s fees can only be modified if the agreement specifically allows judicial intervention, which happens rather rarely in these documents.

Is It Possible to Modify a Marital Settlement Agreement in PA?

You can change any provision in a Pennsylvania marital settlement agreement after it has been enforced by filing a corresponding motion with the court. While the specified terms become binding once the judge signs the final order, either both or any party may ask for modification following the predetermined legal procedure in case of a substantial change in circumstances.

What if the Agreement Doesn’t Work?

Usually, the agreement doesn’t work if either party does not comply with the enforced orders – behavior that is most likely to be punished by the court. If you notice that your ex violates the agreement, you may ask the court to apply enforcement mechanisms. A breach of a divorce settlement agreement would normally entail serious penalties in the form of fines, contempt of court, or even a jail sentence in exceptional cases. The gravity of the punishment would depend on the degree of the misdeed.