How Do I Draft Divorce Agreement ?

A Marriage Separation Agreement would be required when the couple has mutually decided to end their marriage by a mutual consent divorce. For information about the mutual divorce process, it is advised that you contact an experienced divorce lawyer for the same. 

A divorce settlement agreement could be understood as the legal document which is required to be drafted by a couple who is planning to get divorced, which outlines all the agreements between them and the terms of their divorce. It would normally include the provisions regarding the important controversial points related to the marriage and separation, division of property, mutual business, debts, any other asset, as well as the custody of the child,  visitation rights, matters involving the spousal support, alimony, and any other possible issue. Either of the spouses could offer the proposal and other could opt to accept or not, and offer his or her own terms. If a final agreement could not be reached, the could may seek  assistance from an experienced divorce attorney to help with the negotiations.

Steps to Take in Drafting a Divorce Settlement Agreement

Even if the couple has agreed to file for a mutual consent divorce, it could be difficult for them to agree to every issue in a calm manner and amicably, as none of the partners would wish to be on the losing side. In such conditions an experienced divorce lawyer could offer you with necessary assistance with all the paperwork correctly, so that the documents could be written in a thorough, clear, accurate, and detailed and focused manner so as to cover each possible aspect and help avoid any probable repercussion. Mentioned below are some of the steps which could be helpful when drafting a marriage separation agreement.

• To start with  Basics

1. The first step to take will be to find an appropriate template for the divorce settlement agreement. It shall provide you with a vivid guidance on how to draft such document and as well as necessary issues which are to be considered for the negotiations. 

• Include Detailed Information

In order for it to be legally valid, the divorce settlement agreement has to include all necessary  information about the marriage, which shall include:

1. Names of the Spouses.
2. Dates of birth of the spouses.
3. Date and location where the marriage was solemnised.
4. Date of separation of the couple.
5. Names, dates of birth, as well as ages of all the minor children born out of marriage.
6. Grounds for divorce.

After the appropriate details have been specified, the agreement should include the present detailed informations on all the possessions, obligations, as well as the rights of both spouses. These may include the following details: 

1. Child support and the arrangements for the custody of the children.
2. Arrangements for parental visitations .
3. Spousal support terms and conditions.
4. Division of the property and assets of the couple.
5. Allocations of the debt and liabilities.
6. Arrangements for retirement benefits.
7. Any additional required provision as per the facts of the case.

In the end of the agreement signatures of the couple and date should be 

• Draft for Custody and Visitation
• The matters involving the children are most important ones in a divorce settlement agreement. 
• The first decision shall be regarding a joint or sole custody. 
• It is advised to be reasonable and consider the issue wisely.
• Some of the common custody facts are-

1. For sole custody, visitation rights of the other parent shall be outlined properly, i.e. days of the week or exact hours of the day for visits, 
2. plans for vacations, holidays, or any other event, 
3. places acceptable for the non-custodial parent to meet with children, etc. 
4. A detailed parenting-time plan is advised to be prepared to avoid any possible dispute or inconvenience.

• Matters Related to Child Support and Alimony

1. Alimony is a financial support which is provided by one of the spouse to the other. The issue should be calmly discussed by the parties in an amicable manner, with all the details about the amount and duration.
2. Similarly, the issue of child support should be discussed properly, while keeping in mind every detail they could think of.

• Assets and Debts should be divided accordingly

1. The assets gained during the course of marriage shall be divided amongst the parties peacefully with proper discussion amongst themselves. 
2. Any property acquired before the marriage is individual’s private property and should remain so, similar will be the case for personal inheritances or gifts.
3. Similarly, debts which were sustained before the marriage or such which have been in the name of a single partner would be his or her personal responsibility. 
4. Joint debts, such as mortgages, bank loans, car payments, etc. would have to be split between the parties as they decide.

Final Step.

After the divorce settlement agreement is ready, it is advised that you have it proofread it several times, specifically by an experienced divorce lawyer near you, in order to make sure that no mistakes have been committed while framing the document and each aspect has been covered properly.

Sharks of law offers an affordable and easily accessible legal service, for matters related to  family law including the divorce issues, maintenance, child custody, etc. You may contact us, in case you have any legal issue and seek legal advice at any time.

Email:-helpdesk@sharksoflaw.com

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