If you and your spouse settle on the terms of divorce without relying on a judge to make decisions for you, you will need to outline the terms of your settlement in a Marital Settlement Agreement (which is also referred to as a Consent Decree in Arizona). As its name suggests, a Marital Settlement Agreement is a binding contract, and once you sign, you (and your spouse) will need to strictly comply with the terms to which you have agreed.
This makes it critical to ensure that you are making informed decisions throughout the divorce process. Making informed decisions starts with understanding the issues involved in your divorce (and that will be addressed in your Marital Settlement Agreement).
7 Key Terms in a Marital Settlement Agreement (Consent Decree)
With this in mind, here are some of the key terms in a Marital Settlement Agreement (Consent Decree) in Arizona:
1. Grounds for Divorce
A Marital Settlement Agreement should clearly state the grounds for the couple’s divorce. In Arizona, spouses can only file for divorce based on “irreconcilable differences” (filing for divorce on fault-based grounds, such as adultery, is no longer an option). Stating that both spouses agree their divorce is based on irreconcilable differences is important for complying with Arizona law and ensuring that a judge will sign off on the spouses’ Marital Settlement Agreement to finalize the process.
2. Division of Marital Property
Dividing the couple’s marital property is a necessary—and important—part of the divorce process in Arizona. Under Arizona law, divorcing spouses must divide their marital property equitably and “without regard to [any] marital misconduct.” To ensure compliance with the law, divorcing spouses should ensure that their Marital Settlement Agreement reflects compliance with these requirements.
A Marital Settlement Agreement should also clearly identify the assets that each spouse will keep after their divorce is final. Typically, this will involve attaching a list of marital assets to the agreement—noting which assets will belong to which spouse. Certain types of assets require special consideration as well; and, with this in mind, Marital Settlement Agreements may also need to include terms that specifically address things like:
- Transferring the deed to the family home
- Taking one spouse’s name off of a car or boat title
- Obtaining a Qualified Domestic Relations Order (QDRO) to divide retirement assets
These are just examples. In many cases, dividing a couple’s marital property will be among the most complex (and time-consuming) aspects of their divorce. By making sure that their Marital Settlement Agreement contains all necessary terms, spouses can help ensure that they do not encounter unnecessary issues down the road.
3. Division of Marital Debts
Along with dividing their marital property, divorcing spouses in Arizona must also divide their marital debts. This may include not only debts that are in both spouses’ names, but also other debts for which both spouses are legally responsible by virtue of their marriage.
Just as divorcing spouses need to be careful to ensure that they address all of their marital assets, they must be equally careful to ensure that they address all of their marital debts. If divorcing spouses decide to pay off any of their debts during the divorce process, this will need to be thoroughly addressed in their Marital Settlement Agreement as well.
4. Financial Support
Divorces in Arizona can potentially involve two types of financial support: spousal support (or alimony) and child support. Both types of financial support should be addressed separately in the spouses’ Marital Settlement Agreement—even if this is as simple as stating that no support will be paid.
If either spouse will have an obligation to pay financial support after their divorce, this obligation should be thoroughly addressed in the spouses’ written agreement. Among other things, this includes specifying the amount to be paid, the duration for which payments will be paid, and the circumstances (if any) under which the paying spouse’s financial support obligation can be modified.
5. Child Custody (or Parenting Plan)
Divorcing spouses who have minor children from their marriage will need to address child custody in their Marital Settlement Agreement. This includes addressing both physical custody (the right to spend time with their children) and legal custody (the right to make important decisions regarding their children).
Today, many couples address child custody by developing a parenting plan that they attach to (and that becomes legally a part of) their Marital Settlement Agreement. A parenting plan comprehensively addresses all aspects of the spouses’ post-divorce parenting rights and responsibilities—everything from routine custody-and-visitation schedules and curfews to vacation planning and transportation for extracurricular activities. By taking the time to develop a comprehensive and well-thought-out parenting plan (along with carefully addressing all of the other aspects of their divorce), divorcing spouses can mitigate their risk of facing disputes and conflicts in the future.
6. Entire Agreement and Waiver of Rights
To avoid any issues with one spouse claiming that their Marital Settlement Agreement doesn’t accurately or completely reflect the terms of their divorce, these agreements will typically include an “Entire Agreement” clause. This clause states that the Marital Settlement Agreement reflects the spouses’ entire understanding with regard to their divorce. Marital Settlement Agreements will typically include a waiver of rights as well—which prevents either spouse from suing the other in relation to any events that may have transpired in the past.
7. Dispute Resolution
Even with a comprehensive and well-drafted Marital Settlement Agreement in place, there is still a possibility (albeit relatively small) that former spouses could have a dispute in the future. To address this concern, Marital Settlement Agreements will typically include various “dispute resolution” provisions that are designed to facilitate an amicable resolution without the need to go to court.
Learn More from a Phoenix Divorce Attorney at Weingart Family Law for Free
At Weingart Family Law, we provide experienced legal representation for spouses who are navigating the divorce process. If you would like to speak with a Phoenix divorce attorney at our firm in confidence, please call 480-550-8946 or request a free consultation online today.