Marital Settlement Agreements in Portland Divorce Mediation
Marital Settlement Agreement (MSA) in Oregon Divorce Mediation: The Short Version
- After you have completed mediation and have resolved all outstanding issues in your Portland divorce matter, you will be ready for the written components of the divorce process.
- Matthew will write a Marital Settlement Agreement (MSA), which some call a divorce agreement or a mediated agreement.
- It will include all of the decisions you have made in mediation.
- Anything that you want to stipulate in your MSA can be included, as long as it is consistent with the law and can be expressed in definitive terms.
- After the MSA is drafted, you will have a final, one-hour session with Matthew to review the MSA and the Supplemental Agreement and indicate any revisions that may be necessary.
What is a Marital Settlement Agreement?
Many people do not know that a Marital Settlement Agreement can be attached to your divorce forms. Your MSA 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.
Matthew focuses on details that the divorce forms and most other mediators leave out. That means 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.
Matthew focuses on details that the divorce forms and most other mediators leave out. That means 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.
Who drafts a Marital Settlement Agreement? Does it matter?
- 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.
- Matthew will ensure that it is done correctly; he has many years of experience with nuanced phrasing.
- Matthew focuses on details that the divorce forms and most other mediators leave out.
- Many people do not know that a marital settlement agreement can be attached to your divorce forms. That means 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.
After the MSA is drafted, there are only three more steps:
MSA Review Session
- You will have a one-hour review session with Matthew, during which he will go over the document with you and correct any errors you may find.
- The MSA will become part of the court order that finalizes your divorce, at which point it will become legally binding.
- You can also agree, optionally, to sign the MSA at the end of mediation, which will make it binding immediately.
- An MSA drafted by Matthew is usually 20 to 40 double-spaced pages.
- A Supplemental MSA is approximaely the same length and is in addition to the MSA, not a replacement for it.
Document Preparation: Legal Forms
- Once the MSA is revised and ready to become a binding agreement, Matthew will refer you to a paralegal to whom he regularly refers clients.
- The paralegal will ask you to complete a brief questionnaire, and you will sign a Limited Scope Representation Agreement.
- The paralegal and her supervising attorney, as a team, will complete, review, and file your divorce documents electronically with the Circuit Court of the county in which at least one of you resides.
- The paralegal and the attorney will monitor your case through the court process and will notify you when it has been finalized.
- You will then receive an electronic copy of the signed divorce judgment and can order a paper copy from the courthouse if you wish.