Dakota County Law Blog

A family law blog with real world legal advice

In every divorce, some form of Marital Termination Agreement must be reached.  The term “Marital Termination Agreement” can vary from state-to-state and may be called a “Dissolution Agreement” or “Property Settlement Agreement” depending on what state you are located in.  You should speak with a qualified Minnesota divorce lawyer in your area for further information.

Should I proceed to Trial or Enter into a Marital Termination Agreement?

For this post, I will use the term “Marital Termination Agreement” to describe the agreement that a husband and a wife may reach before their divorce is concluded.  In the majority of cases that I have worked on as a divorce lawyer, the couples – no matter how bitter or upset they are with eachother – typically dissolve their marriage via such an agreement.  I highly advise all my clients to enter into a Marital Termination Agreement rather than taking the case before a judge.

The Requirements of a Marital Termination Agreement

The requirements for a Marital Termination Agreement or “MTA” vary from state-to-state.  Some states require disclosures or appendixes which other states do not.  Again, check with a qualified divorce lawyer in your area for further information.

Also the MTA may be combined with a document called a Final Judgment and Decree of Dissolution – or some variation thereof.  I won’t get into the reason why, suffice it to say that the judge is the one reviewing the agreement and he/she makes the final Order or Decree.

To generalize, the requirements of the MTA include:

  1. The party’s (husband, wife, children) names, addresses, dates-of-birth, etc.;
  2. The grounds for the divorce (e.g.: an irretrievable breakdown);
  3. Some form of jurisdictional basis for the agreement;
  4. That all parties have “capacity” to make the agreement;
  5. That the parties have made a “full disclosure” of all assets and debts;
  6. The financial circumstances of the parties;
  7. A parenting-time agreement (if children are involved);
  8. The disposition of real and personal property and the marital homestead;
  9. Provisions for Automobiles, credit cards, other property;
  10. Retirement Accounts;
  11. A request for a name change, if desired;
  12. Custody of any minor children
  13. Child support provisions;
  14. Tax consequences;
  15. Necessary releases and waivers.

The list above is not exhaustive.  As I discussed in a prior post, the MTA or Property Settlement Agreement is a binding contract.  Many things can be included in a MTA – just like any other type of contract you might sign.

Fort further information, on the requirements of a Marital Termination agreement, I highly recommend you contact a local Apple Valley MN divorce lawyer near you.

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