When divorcing spouses agree on the terms and conditions of their divorce, they write a settlement agreement on their own or with the help of a legal professional. The settlement covers everything from child custody and visitation to the division of property and other assets. Your settlement will dictate how things are handled after your divorce for years to come.
It’s worth covering all possible points of contention now, and those that may arise in the future, to avoid a costly trip back to court.
6 Tips on Creating a Lasting Divorce Settlement Agreement
1. Get Legal Advice
A lawyer will make sure you don’t leave out any important details and that your rights are protected. They know how to structure and word a settlement properly so that it holds up. Even if you draft your own agreement, having a lawyer review it is a smart investment. This is especially important if you have complex issues like multiple properties or significant income.
2. Don’t Leave Out Any Details
Make your agreement as detailed as possible. Include the date of your marriage and separation, the full names and birthdates of both spouses, and the names and birthdates of all minor children. Be specific about how you will divide property, how much of the marital assets each parent will receive, and when and how often child or spousal support will be paid. Include a parenting time schedule showing day-to-day arrangements as well as holidays and vacations.
3. Set Out Times to Review Your Agreement
Circumstances change over the years. Consider including a statement that you will meet to reexamine your divorce settlement at a later date. When covering child custody, account for how things will change as your child gets older. You could include a step-up parenting plan that adjusts as your child ages. Also state what happens if there is a reason to change custody, such as a parent moving out of state.
4. Review the Settlement Before Signing
Make sure you and your spouse each read over the settlement separately to confirm you truly agree on everything. If something doesn’t sit right with one of you, work it out before signing. It’s far better to address it now than to resolve it later in court. Once you draft the agreement, proofread it carefully for mistakes and typos.
5. Be Respectful
Maintaining an amicable relationship with your co-parent is often enough to discourage violations of the settlement terms. You could even include a clause that you will communicate respectfully and not speak negatively about one another in front of your children.
6. Make It Official
Once your settlement is drafted, both spouses should sign it in front of a witness, typically a notary. Get it on file with the court so you receive an official divorce judgment. Without one, there is a chance the other party could file for divorce later on, and a judge could order an arrangement that looks nothing like what you originally agreed to.
Fitzgerald Family Law can help you draft a settlement that protects your interests and holds up over time. Call (413) 526-7933 or contact us online to get started.