Effective Remedies in Marital Settlement Agreements: Ensuring Meaningful Relief for the Non-Breaching Party

Being able to get the benefits conferred in an MSA is just as important as what divorcing parties agree to about the division of property, debts, custody, and visitation. Cost-efficient, practical, and effective remedies before the money is gone or the asset transferred requires planning and foresight.

Enforcement issues can arise early. Sometimes, after the parties have successfully negotiated terms, one spouse balks at signing the formal written agreement. If the parties are getting along, they can be tempted to leave some things--like strong remedies--to be finalized later.

Seeking contempt or contract remedies can be expensive and too late to save assets. Counsel needs to think about self-executing remedies and collateralization of the obligations. Where the spouse or their property is outside the U.S., attorneys must consider international conventions.

Listen as the experienced panel of divorce lawyers guides counsel through what to include in MSAs and pre- or post-nuptial agreements to encourage compliance and to ensure that the non-breaching party gets meaningful relief.