There are two main reasons why a couple may want to determine the division
of marital assets without going to trial.
Not exact matches
No matter which state they reside, same - sex married couples are now able to take advantage
of the unlimited estate tax
marital deduction at death to pass
assets to a surviving spouse
without incurring federal estate taxes.
The QTIP trust (Qualified Terminal Interest Property trust) is designed to allow a decedent «control beyond the grave»
of their
assets without surrendering control
of those
assets to their surviving spouse - and at the same time allowing for the estate to take advantage
of the
marital deduction for the
assets used to fund the QTIP.
If you and your spouse have agreed on the divorce details, including division
of marital assets, child support and parenting, then you can usually press ahead with a simple or uncontested divorce
without the services
of an attorney.
A spouse may think a pension, which is in their spouse's name, is not
marital property, or may agree to waive his or her rights
without knowing the value
of an
asset or the legal status
of an issue.
If you and your spouse reached a
marital settlement agreement
without going to trial, you can only change its property terms if you can prove to the court that your ex committed some type
of fraud during the negotiations, such as by misrepresenting debts or
assets.