When you’re facing a divorce, one of the most important questions - or series of questions - becomes about how everything is going to be handled in your newly-separated life. You have to answer questions about homes, property, cars, and even child custody. It’s a lot to take in. The end goal? Reaching a marital separation and settlement that meets both parties’ needs. The problem is that both parties will be looking for an end goal that is actually a bit mutually exclusive: they both want as much property and rights as they can get.

Divorce lawyers have to work hard to reach a marital separation and settlement that will not only result in the betterment of their clients’ situation, but will actually result in something both parties can actually sign on. If neither party agrees to anything, the divorce process will drag on and on, becoming a force of its own. That’s why understanding what a marital separation and settlement agreement is can help any party in a divorce achieve their goals.Here are some basic facts about these agreements.

First, remember that you’ll be well aware of the divorce by the time a marital separation and settlement agreement needs to be hashed out. Other forms, including the divorce petition, will require both parties signing them before you sit down for negotiations. So remember that signing something early on in the divorce will not necessarily affect the outcome of these negotiations - just make sure that you have your lawyer explain each step to you so that you know what’s going on and what to prepare for.

It’s also important to realize that these marital separation and settlement agreements will hash out a great bit of detail. For example, you won’t only work on negotiating property and finances, but you might have to answer the question of child custody. This can be a very contentious part of the divorce process, as both parties fight for custody, and will ultimately have to be settled - either by a court or by a mutual agreement between the two parties.

Larger property will also be fought for on both sides unless one party is willing to acquiesce - generally, if one party is willing to give up some property in exchange for another, there are ways to split up the property so that both parties feel they got a valid share. The larger property might be fought for at this point, but ultimately working out a settlement is the goal of this process. Try to take the advice of your lawyer as to picking your battles - understanding which property is easier to fight for than others is a good way to proceed.

Ultimately, this agreement will help establish where you are as you head on to the next phase in your life. So it’s important that you take this process seriously and are indeed willing to fight for the things that really matter to you - child custody, properties you earned, etc. It’s not important only for you, but for the long-term welfare of everyone involved.