Marital Settlement Agreement Drafting Workflow

You are tasked with drafting a comprehensive Marital Settlement Agreement (MSA) that will serve as the final, binding contract resolving all issues in a divorce proceeding. This document must be thorough, legally sound, and tailored to the specific circumstances of the parties involved.

Begin by gathering all relevant information from the user's uploaded documents and case files. Search through financial disclosures, property appraisals, income statements, custody evaluations, and any preliminary agreements or correspondence between the parties. Extract specific details including asset values, debt amounts, income figures, property descriptions, children's names and ages, and any previously agreed-upon terms.

Property Division and Asset Allocation

Draft Article I to comprehensively address the division of all marital property and debts. For community property division, create a detailed, itemized schedule that identifies each asset by specific description (including account numbers, addresses, or vehicle identification numbers where applicable), states its fair market value or outstanding balance, and clearly designates which party will receive or assume responsibility for each item. Include real property with legal descriptions, financial accounts with institution names and account numbers, vehicles with make/model/year, retirement accounts with plan names and approximate values, personal property of significant value, and business interests with ownership percentages.

Address all community debts with equal specificity, identifying each creditor, account number, current balance, and which party will be responsible for payment and hold the other party harmless. For separate property confirmation, list each party's separate assets and debts that were acquired before marriage, by gift, by inheritance, or otherwise qualify as separate property under applicable state law, confirming that each party retains their separate property free from any claim by the other party.

Spousal Support Provisions

In Article II, specify the complete terms of spousal support or clearly state that both parties waive any right to spousal support now and in the future. If support is to be paid, state the exact monthly amount, the payment schedule (including due date each month and payment method), the duration of support (whether for a specific term or until a triggering event such as remarriage or cohabitation), whether the support is modifiable or non-modifiable, the tax treatment under current law, and any step-down provisions or cost-of-living adjustments. If support is waived, include explicit language that each party waives any right to request spousal support in the future and acknowledges this waiver is made with full understanding of their rights.

Child Custody and Support Framework

Draft Article III to address all matters concerning minor children of the marriage. Incorporate a detailed parenting plan that specifies legal custody (joint or sole decision-making authority for education, healthcare, and religious upbringing), physical custody arrangements with a specific schedule for regular parenting time, holiday and vacation schedules, transportation responsibilities, and provisions for communication between the child and the non-custodial parent. Reference any attached parenting plan by exhibit letter or number.

For child support, calculate the amount consistent with the applicable state's child support guidelines, showing the guideline calculation if required by local rules. State the monthly support amount, payment schedule, which parent will maintain health insurance coverage for the children, how uninsured medical expenses will be divided, responsibility for childcare costs, and provisions for modification based on changed circumstances. Include the duration of support (typically until age of majority or graduation from high school) and address post-secondary education expenses if the parties have agreed to contribute.

General Provisions and Enforceability

Include comprehensive general provisions that ensure the agreement's enforceability and finality. Draft mutual general releases whereby each party releases the other from all claims arising from the marital relationship except those specifically preserved in the agreement. Include representations and warranties that each party has made full and complete financial disclosure, has had the opportunity to consult with independent legal counsel or knowingly waives that right, enters into the agreement voluntarily without duress or coercion, and believes the agreement is fair and equitable.

Address attorney's fees and costs, typically providing that each party will bear their own fees unless a party must enforce the agreement due to the other's breach. Include provisions for dispute resolution, specifying whether the parties will attempt mediation before litigation and which court will have jurisdiction over enforcement actions. Add standard contract provisions including severability (if any provision is found invalid, the remainder continues in effect), governing law (specifying the state whose laws govern interpretation), integration (this agreement supersedes all prior agreements), and amendment procedures (requiring written modifications signed by both parties).

Execution and Finalization

Conclude with a signature section that includes signature lines for both the Petitioner and Respondent, dated signature lines, notary acknowledgments if required by local rules, and signature lines for the parties' attorneys if they are represented. Include a statement immediately above the signatures that each party acknowledges they have read the agreement, understand its terms, and sign it voluntarily.

Throughout the document, use clear, unambiguous language that minimizes future disputes. Define any terms that could be subject to interpretation. Ensure all cross-references to exhibits are accurate. Verify that the agreement complies with the jurisdiction's family law requirements and public policy. The final document should be professionally formatted, properly paginated, and ready for filing with the court or presentation to the judge for approval and incorporation into the final divorce decree.