When a couple is going through divorce proceedings, a marital settlement agreement can benefit both spouses. This is a document designed to provide written details concerning the terms of the divorce. It will establish the relationship between the couple once the divorce is final. It's a document designed to cover everything from child custody to spousal support, debt division, child living arrangements as well as any other issues that impact a couple. Timing It is possible for a couple to enter into a marital settlement agreement prior to their separation or after it. This can even occur after a couple files for divorce. There have been some cases where a couple was not able to reach an agreement until the morning of their divorce trial. It is advised a couple work out the details as soon as possible. This will help them avoid unnecessary problems as well as lawyer fees. Modifications It is possible for a marital settlement agreement to be modified. It will require both parties to agree to the changes. In many cases, this modification can be achieved when both parties sign a modification agreement, and it is incorporated into their marital settlement agreement. A change in child support, child visitation and more can be changed from the original agreement. The ability to change anything will depend on the specific wording of the original agreement. It needs to state that such a modification is possible and specify the conditions. Negotiation When one spouse presents the other with a marital settlement agreement they find unacceptable, they do not have to sign it. It can still be used as a basis for negotiating an acceptable agreement. Should one spouse put a deadline on signing it, the other is under no legal obligation to comply. Experts agree the only way to reach an agreement on such a document is for both parties to negotiate in good faith. This will require a certain level of compromise and understanding. Advantages When a couple is able to agree on the terms of a marital settlement agreement; they will each know exactly what to expect. There is no question who will get what property. The decision on child care and more have been decided. This could decrease the difficulty of a very challenging situation. There will be no need to argue over any aspect of a divorce. This written agreement will cover all of the issues they feel are important. Writing Own Agreement It is not uncommon for couples to believe they agree on everything and can just write their own martial settlement agreement. This has been proven to be a very big mistake. Unless a couple is experienced with their state's divorce laws, they could omit certain legal provisions that are required to be in the document. It's possible for the document they create to be unclear as well as vague. This could lead to future problems. Should a couple suddenly disagree on the meaning of a certain section, they may need to then contact an attorney to fix the agreement they created. When a knowledgeable and experienced attorney is used at the beginning, it can prevent such future problems from occurring. Couple Hiring One Attorney Some couples believe that if they agree on everything for a marital settlement agreement, they can just hire an attorney to draft it. This could happen, but most experienced legal professionals will advise against it. It's not permitted in most states for one attorney to represent both spouses. If one spouse chooses to proceed without an attorney, they won't have experienced legal representation looking out for their interests. Should the spouse without legal representation want things changed, they will be paying attorney fees to protect their interests. Savings The biggest benefit to having a proper marital settlement agreement is how it can save money for both spouses. When a good agreement is in place, it will also save a couple from experiencing a lot of bad feelings. It can save them time as well as possible headaches from occurring in the future.