A marital settlement agreement is a written contract resolving some or all of the issues in an Arizona divorce or legal separation. It may address property division, debt allocation, spousal maintenance, attorney fees, and if the parties have agreed, child support, legal decision making, and parenting time.

When a marital settlement agreement covers all required issues and the court approves it, it becomes the basis for the consent decree. The agreement itself is incorporated into the decree or attached to it and given the force of a court order.

A well-drafted marital settlement agreement is specific enough to enforce without further court intervention. Dollar amounts, specific assets, specific debts, transfer deadlines, refinancing provisions, QDRO requirements, and every other material term should be spelled out. Ambiguous agreements produce enforcement disputes.

Child-related provisions in a marital settlement agreement are subject to a best interests review by the court even when both parties agree. The court is not bound by what the parents agreed to if the agreement does not serve the child’s interests. This is one of the few areas where agreement between competent adults is not automatically given effect.