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How Do Courts View Marital Property?


In the majority of cases, the courts will review the fairness of the marital property settlement agreement to ensure that the couples both receive fair treatment when it comes to the division of the property. Hiring a skilled divorce attorney or attorney who specializes in family law will be greatly beneficial when dealing with this matter. Also, the court will wish to ensure that the agreement was not written due to coercion or fraud on the part of either party.

The court may wish to see all financial statements that are attached to the agreement to ensure that the same is true to the division of debts. The court will look over both property and debts to ensure that one party is not being held responsible for the bulk of the debts unless they are in the financial situation to pay the debt.

However, the court will use your marital property settlement agreement as a guideline as the wishes of the couple. However they will ensure the welfare of the child/children is met in the agreement.

In order to preserve your rights and the rights of your children a divorce lawyer will be able to help you agree the proper way in which to divide the property and all other aspects that are included in the agreement. Before signing any legal document, ask your divorce lawyer to read over the document. Once you sign an agreement it is a legal and binding contract.
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