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Vacating Marital Settlement Agreements


San Diego Divorce Lawyers
Vacating Marital Settlement Agreements

For many reasons, people who want to end their marriage will decide to avoid the costs and the time involved with a litigated California divorce and work towards negotiating a Marital Settlement Agreement, or an MSA.  If an MSA is successfully completed by the parties and presented to the court, the marriage will be legally dissolved if the court approves the agreement.  Unfortunately, there are situations that arise after the MSA has been approved that necessitate an effort to vacate that agreement.  Anyone who is in this position needs to seek the immediate help of experienced San Diego divorce lawyers, and below is an introduction to this issue.

How Legally Binding is an MSA?

If a court approves an MSA that’s presented by the parties, it will have all of the value and weight of any court order.  This means that the MSA governs the situation for the parties post-divorce, and violation of its terms could lead to serious legal problems for those who are found to have breached this agreement.  Therefore, when a problem is discovered, it needs to be handled as soon as possible to avoid additional legal turmoil.

What Types of Problems Can Arise Post-MSA?

There are many types of problems that can arise after an MSA has been executed and approved by the court.  For instance, it’s not completely uncommon for one party to ultimately discover that the other party has hidden assets from the marital estate and that the property division was completed without the knowledge that those assets existed.  This can lead to a wholly unfair result, as can the deliberate misstatement of income and the like that can directly affect the amount of spousal or child support that is supposed to be paid.

What Process is Involved with Vacating an MSA?

Vacating an MSA involves making a motion with the court that approved the agreement in the first place and asking it to basically remove the binding nature of it so that it no longer applies to the parties.  This motion that’s made must persuade the court not only that a serious mistake has been made, but that this mistake or other problem also directly led to an inequitable result because of it.

How San Diego Divorce Lawyers Can Help

Finding out that your MSA needs to be vacated is not an easy discovery to make.  If you need to work out different terms with regards to the dissolution of your marriage, you need to obtain the help of San Diego divorce lawyers who have been helping clients obtain justice and equity for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.