Marital Settlement Agreements
Located in Barrington, Illinois, Richard W. Culver, Ltd. provides legal advice, objective assessments, and representation pertaining to proposed Marital Settlement Agreements in divorce cases.
If you are contemplating a divorce, you may be wondering some of the following questions: What is a Marital Settlement Agreement? Why do parties enter into a Marital Settlement Agreement? What are the possible terms and provisions contained within a Marital Settlement Agreement? At Richard W. Culver, Ltd., lawyer Blake Austin Culver can help answer your questions concerning a proposed Marital Settlement Agreement in a divorce case, and Blake can help evaluate your specific situation.
Negotiating Marital Settlement Agreements in Illinois:
In Illinois, in order to promote the amicable settlement of disputes between parties during a divorce case, the parties may enter into a negotiated Marital Settlement Agreement. A Marital Settlement Agreement may encompass terms and provisions concerning the following: Parental Responsibility/Child Custody and Parenting Time/Visitation, Child Support, Spousal Maintenance, and Property Division. Please be aware that the terms and provisions of a Marital Settlement Agreement cannot be unconscionable.
If both parties reach an agreement on the outstanding legal issues, then the Marital Settlement Agreement will be presented to the Court. If the Court approves the Marital Settlement Agreement, a Judgment of Dissolution of Marriage will be entered, whereby the bonds of matrimony existing between the parties are dissolved, ending the legal marriage. A Judgment of Dissolution of Marriage usually incorporates the parties' Marital Settlement Agreement.
Understanding the Potential Impact of Marital Settlement Agreements:
It is vital that the potential impact of the Marital Settlement Agreement be understood because its terms and provisions will become legally binding on the parties if approved by the Court and made part of a Judgment of Dissolution of Marriage. The terms and provisions of a Marital Settlement Agreement may be enforceable as an independent contract and by all remedies available for the enforcement of a judgment, including, but not limited to, contempt proceedings; see Enforcement for additional information. Furthermore, a property settlement, though it is enforceable, is not modifiable absent valid language to the contrary in the Judgment or unless the Court finds the existence of conditions that justify reopening the Judgment under Illinois law.
If the parties cannot reach an agreement on the outstanding legal issues, then further litigation will occur; the divorce case will likely move toward trial, whereby the Court will adjudicate the rights of the parties.
Because of the complexity and the significant legal implications involved in the preparation, the drafting, and the negotiating of a proposed Marital Settlement Agreement, it is prudent to seek the counsel of a skilled matrimonial and family law attorney. At Richard W. Culver, Ltd., attorney Blake Austin Culver can help you learn more about the possible terms and provisions contained within a proposed Marital Settlement Agreement. With so much at stake, review six benefits for hiring a Barrington divorce attorney.Contact a Barrington Divorce Attorney at Richard W. Culver, Ltd.
If you have any questions or concerns pertaining to a proposed Marital Settlement Agreement in a dissolution of marriage case, call Richard W. Culver, Ltd. at 847-382-2900 or complete the contact form to arrange a confidential initial consultation. At Richard W. Culver, Ltd., evening and weekend appointments are available in order to accommodate all schedules.