Proposed Marital Settlement Agreement in Illinois: What You Need to Know
If you are getting a divorce in Illinois, you and your spouse may be considering a proposed marital settlement agreement (MSA) as a way to streamline the divorce process. A proposed MSA is a document that outlines the terms of your divorce, including the division of property, child custody, and any support payments.
However, there are a few important things to keep in mind before you proceed with a proposed MSA in Illinois.
1. MSAs are not legally binding until they are approved by a judge
Even if you and your spouse have agreed on all the terms of your divorce in a proposed MSA, the agreement is not legally binding until a judge approves it. This means that if you and your spouse change your minds or come to a disagreement after the agreement is signed, you may need to go back to court to resolve the issue.
2. You will still need a lawyer to review the proposed MSA
While a proposed MSA can save you time and money in court, you will still need a lawyer to review the agreement and ensure that your legal rights are protected. An experienced family law attorney can help you negotiate the terms of the agreement, ensure that all necessary legal language is included, and advise you on any potential issues.
3. MSAs can be amended in certain circumstances
If your circumstances change after the MSA is signed, such as a change in income or a change in child custody arrangements, you may be able to amend the agreement. However, this will require a formal court order and the approval of a judge.
4. MSAs can be an effective way to minimize conflict
If you and your spouse are able to come to an agreement on the terms of your divorce, a proposed MSA can be a way to minimize conflict and reduce the time and expense of going to court. This can be especially beneficial if you have children, as it can help to maintain a positive co-parenting relationship after the divorce is finalized.
In conclusion, a proposed MSA can be a useful tool for couples seeking a divorce in Illinois. However, it is important to understand that the agreement is not legally binding until it is approved by a judge and that you will still need legal representation to ensure that your rights are protected. With the help of an experienced family law attorney, a proposed MSA can be an effective way to streamline the divorce process and minimize conflict.
