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What is partial settlement agreement?

As difficult as divorce may be, there are usually certain aspects of the settlement process that are easier to negotiate than others. Custody is sometimes one of those things that is too sensitive of a subject to resolve outside of court. Likewise, the division of marital property is another issue that rarely is 100 percent agreed on. When divorcing couples have negotiated their way through a few of the hoops of divorce but fail to meet in the middle on other issues, a partial settlement has been reached.

Occasionally, a prenuptial agreement can take some of the negotiating work out of a divorce, making things like spousal support or custody non-issues. For longer relationships, a prenuptial agreement made at the start of a marriage probably won't include much of the property that the couple have acquired. And without an agreement already in place, couples will have to negotiate with each other to reach an agreed division of property.

Depending on how each spouse feels about the marital home and other assets, a solid division of property may be impossible to reach, even though all the other aspects of a settlement have been agreed upon. When this happens, the couple and their attorneys may approach the family court with their partial settlement agreement. If appropriate, the family court may approve the partial settlement with the understanding that the division of property matter goes to trial.

While agreeing on event simple things in divorce can be difficult, couples should remember that leaving any aspect of a settlement agreement to the discretion of the family court may make for an unfavorable outcome. Working with an attorney toward a proper settlement agreement can help both parties resolve issues without giving up your negotiating power.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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