What is a Divorce Agreement?
A Divorce Agreement is a legal document that allows divorcing spouses to come to an agreement regarding the terms of their divorce. This is possible in an uncontested divorce wherein the couple mutually agrees to terminate their marriage and that there has no disagreements over children or property.
What does a Divorce Agreement contain? Do we need to enter into an agreement before we separate?
It contains provisions regarding the terms of sharing of assets, child custody and support, visitation rights, alimony, and other important matters. It is recommended that you decide these matters beforehand and formalize them in a divorce contract. This will guarantee that there are no disagreements before you go to the registration office.
When one or both spouse does not agree with the terms of the separation and things become complicated, or an agreement thereon cannot be reached, you’ll probably end up putting your case in court where a judge decides on all related issues.
Do I need a lawyer to make the divorce agreement?
It’s highly recommended that you appoint a lawyer to make your Divorce Agreement. In case the other party has arranged it, it is recommended that you have it reviewed by your own lawyer to make sure that important legal provisions are clearly specified in order to protect your interests. It is necessary that you trust the experts to help you completely understand the content of the agreement as you may miss some serious provisions and end up losing significant rights; or if there will be some disagreements on a provision later, you may end up spending more money trying to resolve the problem.
What are the benefits of entering into a Divorce Agreement?
A Divorce Agreement lets you settle issues without the need for court actions. There is less emotional stress involved to both parties, as well as to their children and respective families as it enables the couple to end their marriage in a civilized manner because important matters are mutually agreed upon. Because the parties agree upon the terms themselves, they are likely to abide by the agreement.
Once the Divorce Agreement is signed before two witnesses and registered at the district office, it becomes a binding contract and both divorcing spouses shall be obliged to follow its terms. In case one party violates or fails to comply with the provisions stipulated in the agreement, the other party may bring this to court for enforcement.
Can a Divorce Agreement be modified?
Changing certain provisions of the divorce agreement may be necessary if there is a significant change in circumstances after the divorce has been granted. Child custody, visitation, and child support are modifiable as long as you can show a significant change in circumstances and that the new arrangement shall be in the best interest of the child.
How can a Divorce Agreement be modified?
If both parties agree to the new terms, a revised agreement must be drawn up with the assistance of your lawyers to be certain that there will be no problems in the future. The revised agreement must be filed with the court to be officially enforceable.