The most common type of agreement in a divorce case is a post-nuptial agreement, frequently referred to as a Marital Settlement Agreement (“MSA”) or a property settlement agreement (“PSA”).  Such agreements are entered into when the parties have reached an overall comprehensive agreement and frequently include custody and child support terms as well.  MSA’s are intended to evidence the terms of the parties agreements on distribution of property, use or sale of the marital residence, the filing of future tax returns, the disposition of past tax refunds, alimony or interim support, how and when pensions will be divided, and any number of other issues that may have arisen in the course of the divorce proceedings.

As in other settlement type agreements (such as prenups and midnups) these agreements require clarity in drafting and full and fair disclosure.