When you read a legal contract, it may contain legal language that is difficult for non-lawyers to understand. While such language may seem superfluous, there are some terms that are important to fully express the agreement you have made with your spouse. While you may verbally agree to certain conditions, it`s a different story to express those terms in writing. Once both spouses have reached a general agreement, this must be recorded in a marriage regulation. This document is recognized in each state and must be signed by both spouses. A divorce agreement is used when two parties have already made a decision on all matters, including the division of their property and the division of time, care, control and support of the children. This can be done before their marriage, through a marriage contract, or it can be done between the parties in the decision to divorce. In any case, it is only used if the parties have agreed on all issues and do not need judicial intervention to „make an appeal“. Some couples don`t realize that they have to divide everything they own as evenly as possible. This includes jewelry, appliances, tools, and other items that they may not consider.
It`s important to consider the value of all your property – real and personal – and make sure you divide your property in accordance with California`s community property laws. If you don`t treat certain properties, you could end up with much less than you earn, and your spouse could be in a much more favorable position after the divorce. Even if an undisputed divorce has been agreed, it is highly recommended that both parties seek legal advice to oversee the process. It`s best to find a local lawyer recommended by your friends and family, or use a website referral service. Here are some of the key issues that can be addressed in a written settlement agreement. Not all questions may be relevant to your particular situation. Check out the list below and contact my office by phone at (844) 431-3380 or by email using the email contact form if you have any questions about how to proceed. Your divorce arrangement may seem simple, especially if you don`t have children or a significant amount of property and assets.
The agreement will be more complicated if you have a family, if you own a house or if you still think you can draft the agreement. The next step is to discuss any agreements you have regarding your children. You must decide whether sole custody, shared custody or shared custody is appropriate for your situation. Sole custody is traditionally the most common choice, but more and more divorced parents are choosing arrangements in which children live with both parents: 50/50, 60/40 or whatever works for the individual family. If the children live with one parent more than the other (p.B 60/40), this person should be called the „primary resident parent“ and the other parent the „secondary resident parent“. A custodial parent is a parent who will have the children most of the time after the divorce. Because of this rule, the non-custodial parent will most likely be required to pay child support while only having part-time custody or access rights for the children. A settlement agreement is a legally binding document – we cannot stress this enough! If your situation is complicated or financially complex with respect to child support, custody, spousal support or asset division, if you have joint assets and debts, or if your spouse disputes one or more issues, you should at least ask an experienced family law lawyer to review your agreement before entering into it. Ideally, each of you will hire a lawyer to provide independent legal advice on the agreement before signing it and taking it to court. Be sure to link weak points or areas of disagreement as soon as possible to ensure that the whole process goes as smoothly as possible when it enters the courtroom. Each of them can affect both your divorce and your future.
Tip: Your creditors are not bound by your concordat agreement and may come to pay joint debts after one or both of you. The outstanding debt will remain on your credit report and affect your credit score even after the divorce is over. Ownership issues can become complicated. Talk to a lawyer for help with these forms and your questions. If your court`s family law mediator or self-help centre helps you resolve property issues in divorce cases, you can talk to them as well. You can also get more information by reading the section on ownership and debt. In the next section, you want to talk about the fact that you and your spouse both agree to the terms of the agreement contained in this document (that your divorce will be undisputed); This acceptance and your attested signatures make the contract legally binding. Of course, when creating a divorce agreement, you can agree to assign certain articles or categories or matrimonial property to either spouse.
For example, you can agree that each of you keeps the clothes, gadgets, phones, computers, etc. that you used during the wedding, as well as any items that have more sentimental than real value. A divorce agreement is a written document that accurately describes all agreements between two parties regarding the division of their property, assets, debts and, if applicable, the terms of custody, custody and maintenance of their children. While divorce isn`t the easiest process, the process doesn`t have to be as painful – financially and emotionally, being civilized with the other party, compromising where you can, and standing up for what you believe in. The following model divorce agreement contains a settlement agreement between the applicant „Lena K Morris“ and the respondent „Richard A Saul“. Lena K Morris and Richard A. Saul agree on their ownership and financial intentions after their separation. When it comes to dividing property in a California divorce, you must first identify all the community property (and debt) and then decide how to distribute it.
Many people don`t know how much community property should be divided, as this can include the following: Tip: Describe the real estate and assets as specifically as possible to avoid confusion later. You can even take photos and attach them or add them as exhibits to your agreement. In this section, you`ll go through everything you own/owe and then describe who the owner/debtor will be after a judge agrees to the deal. After the signing of the marriage contract, it must be submitted to the court. The judge will review the document and ensure that it is considered fair and appropriate for both parties. To make sure your divorce agreement is written down clearly and free of grammar or spelling mistakes, here are some online writing tools and resources that can help you: Once the marriage agreement has been filed, couples can apply for a divorce decree (or „divorce decree“). The order is often mailed to both parties within 30 days of the last hearing. With a settlement agreement, you save time, stress and money because you don`t have to answer in court. Some people wonder if they can save even more by writing their own settlement agreement and not asking for help from a divorce lawyer at all. While there is no legal obligation for you to ask a lawyer to draft your settlement agreement, it is certainly a good idea to do so. After the divorce decree is sent, the spouses can use it for name change purposes or to file an application with another government agency.
All of the above – among other issues – can cause a judge to reject your settlement agreement, and you can`t get your divorce finalized until you`ve sufficiently resolved all the issues. .