What Is a Divorce Agreement?
A Divorce Agreement is a contractual document that determines the rights of the spouses to be divorced, their responsibilities in regards to property, alimony (spousal support), child support, custody of the children, and access (visitation rights). The main purpose of the document is to memorialize on paper every aspect that has been agreed upon verbally.
- Divorce Settlement Agreement;
- Marital Settlement Agreement;
- Divorce Decree.
Our Divorce Agreement templates available below outline some of the most typical issues and terms of separation and divorce. With the help of this template, you can easily create an agreement that will either serve as a temporary contract, or as a starting point that will be later incorporated into your legal agreement.
The agreement can be signed before or after you file for divorce. Once signed and notarized, these agreements become legally binding contracts; unlike non-binding contracts (for example, oral contracts), they are hard to change or cancel in court. Some couples choose to use the services of a mediator. When a mediation agreement is signed, it is submitted to the judge and incorporated into your divorce decree shortly after. It now has the same binding power as your marital settlement agreement.
What to Include in a Divorce Agreement?
If you are lucky and able to communicate you can reach a mutual consent Divorce Agreement. This will allow you to avoid a lot of stress during a painful and costly divorce process. Although divorce is rarely enjoyable, and no pre-made documents can be straightforward and effortless, templates make the procedure better structured. There may be lots of helpful tips or ideas you have not thought of:
- Talk with a lawyer to get informed on the modalities of the child custody, both physical and legal custody;
- Division of marital property and debts can be affected by the child custody, so it’s important to know your state law on the matter;
- If you or your ex-spouse live in one of the community property states, you may not be eligible for alimony. Do check with a lawyer about the amount of money and duration you can count on.
Keep in mind, that all questions regarding child support are off the table. You may not negotiate, give up the support for your children, deduct or change the amount owed to your children according to the state requirements. Executing your final Divorce Agreement is uncomplicated. If you are not on speaking terms or live far apart, you can sign the document in front of a notary, mail, email or fax it to your ex, who in turn will have to sign their copy in front of their notary.