We made some changes to our marital settlement agreement. Do I need to change the date?
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In that case, you can “double date” the document. Keep the original date (January 25, 2025) and also add a line stating it was updated on [new date]. This preserves the original reference while acknowledging the modification.
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We signed a marital settlement agreement made on January 24, 2025, and had it notarized, but never filed. We just made some changes to the agreement. Do I need to change the original date to today’s date, or can I leave it as is and get it notarized for an uncontested divorce?
Have you consulted with a family lawyer about the changes made?
No, it was only to add alimony.
Have you and your spouse both agreed to the changes in the MSA?
Yes.
Great. Is there anything else the lawyer should know?
No.
Hi, I’m Liz, and I’ll be helping with your question. Legal stuff can be overwhelming, so I’m here to simplify things. Just to clarify: did you add any date for the changes?
The beginning of the document still says “this MSA made on January 25th, 2025.” But we won’t be notarizing it until April 14, 2025.
Thanks for clarifying. Since you modified the agreement, normally you’d update the date to reflect the changes. An MSA doesn’t technically “expire,” so it’s minor, but is there a reason you don’t want to change the date?
We had the agreement made and notarized on Jan 25, 2025, but never filed it. We forgot to include alimony and just edited it ourselves. So should we leave it as is and just notarize the updated document?
Since you’ve made a substantive change (adding alimony), it’s considered a new version of the agreement. It should be re-dated to reflect the new signatures.
We want the date to remain the same for separation purposes.
In that case, you can “double date” the document. Keep the original date (January 25, 2025) and also add a line stating it was updated on [new date]. This preserves the original reference while acknowledging the modification.
Thanks. If I made the MSA 3 months ago and we didn’t sign until now, would the court still recognize it?
Yes, absolutely. The court will recognize it. The draft date and execution (signing) date don’t need to be the same. What matters is that both parties signed it voluntarily and it’s notarized correctly.
Appreciate your help.
