Motion to Amend Marital Settlement Agreement

Written by | 30/05/2023

A motion to amend a marital settlement agreement is a formal legal request made to the court by one or both parties to a divorce proceeding seeking changes or modifications to the terms of an existing settlement agreement.

In most cases, a marital settlement agreement is a legally binding document that outlines the terms of the divorce, including property division, spousal support, child support, and custody arrangements. However, circumstances may arise that require changes or modifications to these terms, such as a change in a spouse`s financial or employment situation, or a need to modify custody arrangements due to a child`s changing needs.

To request a modification to a marital settlement agreement, a party must file a motion with the court and provide evidence supporting their request. The other party to the divorce has the opportunity to respond to the motion with their own evidence and arguments as to why the proposed modifications should not be granted.

It is important to note that a court will not modify a marital settlement agreement without a compelling reason to do so. The burden of proof falls on the party requesting the modification to demonstrate a significant change in circumstances that justifies the requested changes.

In addition, the court will consider the best interests of any children involved in the divorce when deciding whether to grant a motion to modify a marital settlement agreement. Any changes to custody or support arrangements must be in the child`s best interests, and the court will evaluate the impact of the proposed modifications on the child`s well-being.

If a motion to modify a marital settlement agreement is granted, the parties will need to sign a new agreement reflecting the changes. This agreement will be submitted to the court for approval and become part of the final divorce decree.

In conclusion, a motion to amend a marital settlement agreement is a formal legal request made to the court seeking changes or modifications to an existing settlement agreement. The party requesting the modifications must provide evidence of a significant change in circumstances justifying the changes, and the court will consider the best interests of any children involved in the divorce when deciding whether to grant the motion. If granted, a new agreement reflecting the changes will be submitted to the court and become part of the final divorce decree.