Legal Question in Family Law in California
adult children and Maritial Settlement agreements
We are two retired individuals (75 and 68 yrs old) who are planning to complete a MSA and divorce. We have two adult children and are not sure whether reference of them needs to be made in our agreement. When we see the on-line MSA generating software it usually is divided into two choices: with children or without children. We probably would use this kind of software but don't know which one would apply to us. Thanks for your assistance.
1 Answer from Attorneys
Re: adult children and Maritial Settlement agreements
As a general rule the reference to children in a msa is to minor children. Adult children, unless disabled, are generally independent and therefore are not a factor in the settlement agreement. You could use the form that refers to children and clearly state that they are independent adults.