Lawyer presents an MDA agreement

Marital Dissolution Agreements

Nashville Marital Settlement Agreement Attorneys

Dissolving a marriage can be an arduous and complicated process. Not only do you have to consider child custody and support, but you need to make decisions about your assets, your debts, and your property. However, if your divorce is amicable, a settlement agreement may be your best option. Retaining an attorney ensures your rights are protected while negotiating an amenable agreement .

The Nashville divorce attorneys at MHPS can help you reach such a fair compromise. We strive to make the process of drafting marital dissolution agreements or divorce settlement agreements go as smoothly and quickly as possible.

Lawyer writes up a marriage settlement agreement

The Benefits of a Marital Dissolution Agreement

In Tennessee, a marital dissolution agreement, also known as an MDA, contains the necessary provisions which divide assets and debts, define spousal support, and determine ownership interests in real property, personal property, and the like. Reaching an agreement in the form of an MDA  gives the divorcing couple more control over the outcome of their case, and gives them a chance to reach a compromise that they can both live with.

marital dissolution agreement paperwork

An MDA should include the following:

  • The grounds for your divorce;
  • The division of property;
  • How you will divide your assets, such as vehicles, stocks, retirement funds, etc.;
  • How you will divide your debts, such as student loans, credit cards, mortgages, etc.;
  • And other provisions, such as attorney fees, whether the wife will retain her maiden name, and court costs.

It’s important to remember that an MDA is a contract. Once everyone signs the agreement and the court approves it, you are to comply with the provisions in it.

When Do Marital Dissolution Agreements Go into Effect?

Marital Dissolution Agreements are most often reached following mediation, after the Complaint for Divorce has been filed. Once the Marital Dissolution Agreement is signed, it is a binding contract. After signing, the MDA is filed with the Court, which the Court then reviews and enters a Final Decree of Divorce. The Final Decree of Divorce is a determination by the Court that the MDA is fair and equitable, provides for the division of assets and debts, and officially declares the parties divorced. In some instances, the Marital Dissolution Agreement may provide deadlines for immediate action after signing or may provide deadlines in relation to the entry of the Final Decree of Divorce.

Can You Change an MDA?

Once you reach an agreement, is it possible to change or appeal the MDA at a later date? Yes, but only under certain circumstances:

  • A major life change after the divorce. For example, if you and your ex-spouse had agreed upon alimony in your settlement, the recipient marrying someone else ends alimony. In this instance, you or your former spouse’s request to change the agreement will be approved.
  • Errors in the legal proceedings. For example, if the court fails to take into account the correct worth of your assets.
  • The agreement is inequitable. For example, if your former spouse receives the house, the cars, and the stocks, whereas you only receive a retirement plan.
  • Duress. At the time of the proceedings, one or both spouses are either under duress or do not have the proper mental capacity.

If you do need to change your MDA, it’s best to discuss the situation further with a divorce attorney to see what can be done.

attorney writes up a marriage dissolution agreement

Our Tennessee Marital Settlement Agreement Lawyers are Here to Help

Decisions regarding your future require careful consideration, and may require an outside viewpoint in order to reach a resolution. The divorce lawyers at MHPS are experienced in helping clients reach satisfactory marital dissolution agreements that ensure their futures stay intact. The decision to seek a divorce is never easy, and even the most amicable divorces need some legal guidance. Our attorneys are dedicated to providing seamless service and sound legal advice. We offer seasoned and compassionate legal guidance and, if a settlement cannot be reached, will represent you in court.

If you need help constructing a marital dissolution agreement or cannot come to an agreement with your estranged spouse contact us  to set up an appointment to discuss your options.