If you have recently gone through a divorce, you may have reached a Martial Settlement Agreement (MSA) with your former spouse to resolve the division of property and assets. Being a legally binding contract, it is important to consider whether or not it can be modified in the future, especially if there are significant changes in circumstances that impact the agreement.
In this article, we will delve into the topic of modifying a Martial Settlement Agreement in the state of Nevada.
Grounds for Modifying a MSA
Before proceeding to modify a MSA, it is crucial to establish valid legal grounds for doing so. Nevada law allows for modification of a MSA in certain circumstances, including:
- Unforeseeable changes in circumstances that render the agreement unfair or impossible to fulfill.
- Instances of fraud or misrepresentation perpetrated by either spouse during the negotiation or signing of the agreement.
- Failure of one spouse to fulfill their obligations as outlined in the agreement.
- Non-disclosure of all assets or debts by one spouse during the negotiation or signing of the agreement.
How to Modify a MSA in Nevada
To initiate the modification process for a MSA in Nevada, the party seeking the modification must file a motion with the court. This motion should provide a detailed explanation of the reasons behind the requested modification, highlighting why it would be in the best interests of both parties and any children involved.
At a hearing, both parties will have the opportunity to present evidence and make their case. The court will assess the presented evidence and, if sufficient grounds for modification are determined, it will issue a new order modifying the MSA.
It is crucial to note that any modifications made to the MSA need to be officially approved by a judge and entered as a court order. Changes made between the parties without court approval may not hold any legal enforceability.
When to Seek Legal Advice
Due to the complexity of the process, it is highly recommended to seek legal advice from a knowledgeable family law attorney before attempting to make any modifications to the MSA. An experienced attorney will guide you through the legal intricacies, ensure the protection of your rights, and ascertain that any modifications comply with Nevada law.
Conclusion
While a Martial Settlement Agreement is a legally binding contract between divorcing spouses, it is not set in stone and may require modifications in the event of significant changes in circumstances. By abiding by legal grounds and following the proper process, it is feasible to modify a MSA in Nevada. Nevertheless, it is imperative to consult with an experienced family law attorney to ensure that any modifications adhere to the law and safeguard your rights.