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Preparing an MTA

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The Marital Termination Agreement is the final document when both parties come to an agreement and the matter does not go to trial

Also note that we use the terms interchangeably MTA, FOF, J&D, STIP, ORDER they all really mean the same thing.

Always use MyCase templates as they are the most up to date versions of the documents. Note – there are templates for an MTA with children and MTA without children

Once a draft is done, the attorney should review and approve. Once the attorney has approved, it should then be sent to the client to review/approve. Then we should set up a call between the client and attorney to go over the MTA.

Completing the MTA

Caption:

  • Complete the County and judicial district. Also double check the case type is correct
  • List the full names (first middle last) of each party above Petitioner or Respondent.
  • Add the case file number. If there is not one, just add an underline to allow room to input the case number ( Case File No.________________ )

First paragraph

  • Fill in the location of the Courthouse (or if it is a judicial center then change the entire wording)

Second Paragraph

  • By default, Petitioner is Wife and Respondent is Husband. Change if that isn’t correct.

FINDINGS OF FACT

Petitioner. Fill in all of Petitioner’s information. Make sure you are using the correct address as Petitioner may have moved throughout the proceedings.

Respondent. Fill in all of Respondent’s information. Make sure you are using the correct address as Petitioner may have moved throughout the proceedings.

Place and date of marriage. If you don’t know the County of Marriage, it’s okay to leave it out but you must include City and State.

Jurisdictional residence. 

Other proceedings.

Irretrievable Breakdown of Marriage Relationship.

Date of Valuation:  If you are unsure on Date of Valuation, ask the attorney

HRO / OFP.  Delete whatever language you are not using

Military Service.

Joint Minor Children. Verify current ages as they may have changed since Petition or intake

Non-Joint Minor Children. 

UCCJEA JURISDICTION

Guardian or Custodian.

Child Protection

Basis for Custody. Double check that you correctly list the legal and physical custody agreement. The language in here can be revised but we must leave “The parties believe this award of legal and physical custody is in the best interest of the children”

Parenting Time. This is fairly boiler plate language, but if you did change it slightly, make sure you keep “The parties agree . . .  is in the children’s best interest.”

Child Support. Delete whatever language you are not using

Petitioner’s Financial Circumstances. If “current health” is not good, adjust as necessary. Ex: “Petitioner has been diagnosed with cancer and is currently received treatment” or “Petitioner is currently not working due to ongoing mental health issues which prevent her from working.”

Respondent’s Financial Circumstances. If “current health” is not good, adjust as necessary.

Public Assistance. Delete whatever language you are not using

Spousal Maintenance.  Delete whatever language you are not using

Cash Equalization Payment.  If there isn’t an equalization payment, this can be deleted.

Real Property

  • Double check the legal description when you are inputting into MTA. Then have someone else check it again. It’s easy to mess up and causes lots of issues afterwards.
  • If no real estate is owned, sample language:
    • “The parties do not own or have any interest in any real property.”

Business Interests.  Delete if not applicable

Bank Accounts. 

  • Certain counties will absolutely insist you include the last 4 digits and approximate balance (Olmsted, others in 3rd district). Other counties are less strict and may allow you to be more general and just include the name of the institution and the type of account. It’s always best to have all the information in the MTA template, but if you don’t, there may be a workaround depending on the county.
  • For checking accounts, it is okay to put the balance as “varies” or “transactional” but we shouldn’t do that for savings accounts.
  • for owner/name on account – list Husband, Wife, or Joint
  • Sample language for not listing each account and each keep their own (only acceptable in some counties):
    • The parties have various checking and savings accounts maintained solely in their own names. The parties have no joint accounts.

Retirement and Investment Accounts.

  • Certain counties will absolutely insist you include the last 4 digits and approximate balance (Olmsted, others in 3rd district). Other counties are less strict and may allow you to be more general and just include the name of the institution and the type of account. It’s always best to have all the information in the MTA template, but if you don’t, there may be a workaround depending on the county
  • For pensions, it is appropriate to put value at n/a since it is a defined benefit plan vs. a defined contribution plan.
  • for owner/name on account – list Husband, Wife, or Joint
  • Sample language for not listing each account and each keep their own (only acceptable in some counties):
    • The parties have various investment and retirement accounts maintained solely in their own names. The parties have no joint retirement or investment accounts.

Life Insurance.

  • Only need to list whole policies (policies with cash value)
  • Sample language for not listing each account and each keep their own (only acceptable in some counties):
    • The parties have various life insurance in their respective names.

Motor vehicles.

Recreational Vehicles.

Household Goods and Furnishings

Debts.

  • Certain counties will absolutely insist you include the last 4 digits and approximate balance (Olmsted, others in 3rd district). Other counties are less strict and may allow you to be more general and just include the creditor and the type of debt. It’s always best to have all the information in the MTA template, but if you don’t, there may be a workaround depending on the county.
  • for owner/name on account – list Husband, Wife, or Joint
  • Sample language for not listing each account and each keep their own (only acceptable in some counties):
    • Debts. The parties have each incurred separate debts exclusively in their name during the duration of the marriage. The parties have no joint debts.

Name Change:

Full Disclosure and Acknowledgement.

Joint Marital Agreement and Decree

CONCLUSIONS OF LAW

Dissolution of marriage.

Name Change:

Physical Custody. Always double check to make sure you list this correctly.

Legal Custody. Always double check to make sure you list this correctly.

Parenting Time and Transportation / Exchanges:

  • For parenting time and exchanges, be as specific as possible.
  • It’s easy for clients to say that they’ll figure it out between themselves, then a year or two from now they stop getting along and all of that falls apart.
  • Try to get the client to agree to put in specific language to alleviate any future disagreements, returning to court, etc. However, if they are reluctant to do that, then consider language that says “The parties will work together to agree on (exchange location)(parenting time schedule) (whatever it may be), but in the event the parties cannot come to an agreement, the (exchange location)(parenting time schedule) (whatever it may be) shall be as follows: (list details).
  • Per Olmsted Co Awarding non-custodial parent “reasonable and liberal parenting time” is sufficient.

Right of First Refusal: can be deleted if that is not part  of the agreement and our client doesn’t want it.

Vacation parenting time: may also be deleted, especially if the parents follow a week on / week off schedule, but obviously check with the attorney and/or client

Holiday Schedule: the one in the document is a general schedule so talk to the client and the attorney about specifics if that hasn’t already been established or discussed.

Child Support Section:

  • This section will vary greatly depending on whether child support is established in the order or whether it’s being sent to the expedited process.
  • There is language for both options so look at this section closely and ensure you are deleting any language that does not apply to the case.
  • Unless you are referring to the expedited process, you should do a child support calculation. Even if you are deviating, you should list what the true calculation would be and then what you are deviating to and why.

Parental Income for Child Support (PICS).

Parenting Time for Child Support Purposes.

Basic Child Support Obligation.

Child Care Support Obligation.

Medical Support Obligation.

Child Support Summary and Obligation

Deviation from guidelines: there is language regarding deviation from the child support guidelines, which may not be applicable so make sure to delete if not.

Child Support Referral. Delete if not referring to expedited process

Consistent with the Expedited Process Rules. Delete if not referring to expedited process

Child Related Expenses. This paragraph can vary greatly depending on the situation.

Duration of Child Support.

Dependency Exemptions.

  • Read this paragraph carefully.
  • Another option would be that each party claims the same child every year. For instance “Wife claims Jenny every year, and Husband claims Tommy every year. When there is only one child able to be claimed, the parties will alternate years with Wife having odd years and Husband having even years”

Health and Dental Insurance for Parties.

Life Insurance.

Spousal maintenance: This section also has two variations of language depending on whether or not it is being ordered. Make sure you delete the unnecessary language.

Property Division.

Real Property:

  • Delete if there is no real property
  • Ensure we have the correct number of days they have agreed upon to refi/remove name. 90 is default.
  • Don’t have to list the legal description here again, but do need to include the address.
  • If there is concern that OPP may not refi or remove name, can include language about selling like:
    • If the Husband does not remove the Wife’s name from all loans, mortgages, or other debts related to the home within 90 days, the home shall be immediately listed for sale. Petitioner shall have full discretion in choosing a realtor, determining an appropriate listing price, and accepting the first reasonable offer. Respondent shall comply with the listing and sale of the home, including but not limited to allowing realtors to view the home, allowing showings of the home, keeping the home in appropriate condition to be shown, not purposely destroying, or damaging the home, cooperating with signing any necessary documents, and moving out of the home upon closing.                  OR
    • If the Husband does not remove the Wife’s name from all loans, mortgages, or other debts related to the home within 90 days, the home located at 132 North Agency Street, Eagle Lake, Minesota shall immediately be listed for sale and sold.
      1. Petitioner shall have full discretion in choosing a realtor, determining an appropriate listing price, and accepting the first reasonable offer.
      2. Petitioner shall have full discretion in determining what, if any, home improvements may need to be made to prepare the home to be listed.
      3. Respondent shall comply with the listing and sale of the home, including but not limited to allowing realtors to view the home, allowing showings of the home, keeping the home in appropriate condition to be shown, not purposely destroying, or damaging the home, cooperating with signing any necessary documents, and moving out of the home upon closing.

 

  • If you do that, make sure you indicate what will happen to the proceeds, for instance:

The proceeds from the sale of the home shall be distributed in the following order:

      1. Payment of outstanding mortgage, including late fees or collection fees;
      2. Payment of all closing costs, including any relator fees;
      3. Payment of any fees, charges, or expenses incurred in preparing the home for sale including cleaning fees, garbage or haul away fees, home improvements, etc;
      4. Remaining balance to Respondent.

Error in Legal Description.

Business Interest. Delete if not applicable

Motor Vehicles and Recreational Vehicles.

  • Be clear on whether someone is going to need to get the other person’s name off a loan, how much time you’ll allow them.
  • If there is concern that the person may not take our client’s name off the loan, you could add language that it be sold if not refi’d, example:
  • If the Husband does not remove the Wife’s name from all loans, mortgages, or other debts related to the 2020 Hyundai Tuscan, it shall immediately be sold and the proceeds shall be used to pay off any and all encumbrances associated with the vehicle. Any remaining proceeds shall be awarded to (husband, wife, split)
    1. Petitioner shall have full discretion in selling the 2020 Hyundai Tuscan, including whether to sell privately or to a dealership.
    2. Petitioner shall have full discretion as to how much to list the 2020 Hyundai Tuscan for and Petitioner shall accept the first reasonable offer made on the vehicle.

Household Goods and Furnishings. There are many variations of this paragraph. Read it carefully

Bank Accounts, Retirement, and Investment Accounts.

  • If an account is not being solely awarded to one person (like a retirement being split) you can put “Split” or “See Below” in the awarded to column and expound it on it below. Remember we’ll usually need some sort of QDRO to split retirements/pensions so ensure you list all of that out in detail.
  • Sample language for not listing each account and each keep their own (only acceptable in some counties):
    • Any checking, savings, retirement, investment, pension or other financial accounts maintained solely in Wife’s name shall be Wife’s sole and separate property, and Husband hereby waives any right, title, or interest he may have in those accounts or any funds presently in these accounts. Any checking, savings, retirement, investment, pension or other financial accounts maintained solely in Husband’s name shall be Husband’s sole and separate property and Wife hereby waives any right, title, or interest he may have in those accounts or any funds presently in these accounts.

Division of (List specific account here).This is where to list those specifics about splitting

Debts:

  • Each debt needs to be assigned to one party. We cannot “split” debts. For instance, we can’t say that each party will pay half of the credit card debt. Rather, one person has to be assigned each credit card debt.
  • Sample language for not listing each account and each keep their own (only acceptable in some counties):
    • Petitioner and Respondent are each awarded responsibility for any debts or financial obligations exclusively in their name, regardless of whether the debt was incurred before or during the marriage.  The parties have no debts or financial obligations in both their names. Any bill, obligation, or debt incurred by either party after the date of valuation is exclusively the obligation of the party incurring it, and the other party shall be held harmless from it.  In the event that there is a debt obligation that has not been disclosed by either party, that obligation shall become the sole responsibility of the party who incurred it.  Neither party shall contract any debt, charge, or liability in the future for which the other party may become liable.

Equalization Payment. If this is not applicable you can delete. IF the equalization payment is being made through retirement accounts, which you’ve already noted, you can summarize that here.

Attorneys’ Fees and Costs.

Discharge of Attorney.

Service of the Judgment and Decree.

Execution and Exchange of Documents.

Future Bankruptcy and Failure to Pay Debt.

Alternative Dispute Resolution.

Agreement.

Notices.

Appendix A: must be included if there is child support or spousal support and cannot be edited

 

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