Oregon Marital Settlement Agreement

Many people do not know that a Marital Settlement Agreement can be attached to your divorce forms. The MSA is a binding contract once you sign it. It becomes part of a legal judgment when the judge finalizes the divorce paperwork that includes the MSA. That meanAs that you are not limited to addressing only the questions that the state forms require, nor are you limited to only the options that the forms may present.

Your agreement is like an instruction manual that you can refer to when you need to remember the steps to solve a problem in the future. The difference is that it is written for you and tailored to your particular specifications, instead of a one-size-fits all document.

What is a Marital Settlement Agreement?

Why is the drafting of an MSA important?

Many people can fill out a template, but one must be experienced at drafting legally significant phrasing to go beyond the four corners of the template.

Even one vague or misplaced word can make the difference between an interpretation you intend and one you are trying to avoid. Worse yet, having the wrong wording could make that provision legally unenforceable if one of you ever disputed it in the future.

I will ensure that it is done correctly. I have many years of experience with nuanced phrasing. I focus on details that the divorce forms and most other mediators leave out.

Once the Marital Settlement Agreement has been included in your divorce paperwork, submitted to the Circuit Court, and finalized by a judge, it is largely final and non-modifiable. There are a few exceptions:

• If there has been any fraud or intentional concealment, the case can be reopened and the property settlement can be amended by court order.

• If there has been unintentional omission or if you overlooked an asset or debt that should have been listed, the case can be reopened on that limited basis.

• If your circumstances change significantly, you may ask for modification of child support or spousal support payments in the future.

To change the parenting time schedule or other aspects of the parenting plan, you can file a motion to modify the judgment. It can be filed as simple paperwork if both parties agree on the changes.

If one party wishes to change the parenting plan and the other disagrees, the dispute can be settled through mediation or decided by a judge. You will be required to attempt mediation in good faith before proceeding to court.

How do you modify an MSA later?