Should I have a Marital Settlement Agreement or a Consent Decree of Dissolution
In Arizona, the terms Marital Settlement Agreement (MSA) and Consent Decree of Dissolution are closely related and often used interchangeably, but they serve different technical roles in the divorce process.
The Key Difference
The primary distinction lies in their legal form:
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Marital Settlement Agreement (MSA): This is a contract between you and your spouse.1 It details how you have agreed to divide property, debts, and handle matters like spousal maintenance or child custody.2
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Consent Decree of Dissolution: This is the final court order signed by a judge.3 It officially ends the marriage and incorporates the terms of your settlement, making them legally enforceable by the court.
Comparison Table
| Feature | Marital Settlement Agreement | Consent Decree of Dissolution |
| Legal Nature | A private binding contract. | A public final court order. |
| Who Signs? | Both spouses (notarized). | Both spouses and the Judge. |
| Purpose | To memorialize agreed-upon terms. | To legally dissolve the marriage. |
| Timing | Created during or before the process. | Filed at least 60 days after service. |
Important Variations in Arizona
Arizona recently introduced a streamlined process called a Summary Consent Decree.4 Here is how it compares to the traditional path:
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Traditional Consent Decree: One spouse files a petition and serves the other.5 After a mandatory 60-day “cooling off” period, the couple submits their Consent Decree to the judge for a signature.
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Summary Consent Decree: For couples who agree on everything before filing, they can file a joint petition and the decree at the same time.6 This process is more affordable (filing fees are often reduced by 50%) and avoids the need for formal “service of process.”
Enforceability
When you submit your Marital Settlement Agreement to the court, you can choose to have it “merge” into the decree or “survive” as a separate contract. If it merges, it is strictly a court order. If it survives, it remains an independent contract that can be enforced separately if needed.
