When it comes to ending a marriage, there are different legal options available to couples. Two of the most common ways are via a settlement agreement or a divorce decree. While both serve the purpose of legally ending a marriage, they are not the same thing. In this article, we will discuss the differences between a settlement agreement and a divorce decree.
What is a Settlement Agreement?
A settlement agreement, also known as a marital settlement agreement, is a contract that outlines the terms and conditions of the divorce settlement between the parties involved. It covers various issues related to divorce, such as property division, spousal support, child custody, and child support. It is a legal document that is binding on both parties and can be enforced by the court.
A settlement agreement is usually reached through negotiation and mediation, with the help of attorneys for both sides. It is a way for couples to avoid a lengthy and expensive court battle and come to a mutually agreeable resolution on their own terms.
What is a Divorce Decree?
A divorce decree, on the other hand, is a court order that officially ends a marriage. It is a document issued by a judge after all the legal requirements for divorce are met, such as filing a petition for divorce and completing the waiting period. The decree contains provisions on child custody, child support, spousal support, and property division.
A divorce decree is binding and enforceable by law. It is also final, meaning that once it is issued, the marriage is legally over, and both parties are free to remarry.
Differences Between a Settlement Agreement and a Divorce Decree
One of the main differences between a settlement agreement and a divorce decree is that the former is a voluntary agreement between the parties, while the latter is a court order. A settlement agreement is a private contract, whereas a divorce decree is a public document filed with the court.
Another difference is that a settlement agreement can be modified by the parties if both agree to the changes. In contrast, a divorce decree can only be modified if certain legal requirements are met, such as a significant change in circumstances.
Final Thoughts
In conclusion, a settlement agreement and a divorce decree serve different purposes in the divorce process. The former is a voluntary agreement between the parties that outlines the terms of the settlement, while the latter is a court order that officially ends the marriage. It is essential to understand the differences between these two legal documents to make informed decisions about your divorce.