Divorce is a nasty thing – both emotionally and physically. However, when you are going through the process of divorce, there are many things which you need to settle with your ex, with the divorce settlement agreement being really important.
A divorce settlement agreement is also known as a marital settlement agreement. It covers different areas like child custody, spousal support, division of property, child visitation arrangements and many other necessary things. It is really important to draft a divorce settlement agreement so that both the parties are aware of their responsibilities as well as the restrictions on them.
Here is how you can write a divorce settlement agreement.
Mention the Names of the Parties
When you start with the divorce settlement agreement, you should mention the names of both the parties undergoing the process.
Mention the Wedding Date
You should mention the date when the parties got married, after that.
Mention the Date of Separation
After you have written the date the parties got married, you have to mention the date of separation as well.
Mention the Agreement of the Parties
Now, you have to mention that both the parties have agreed to be bound what is written in the agreement.
After that you can now start writing the agreement. Here is a little guide on how to do that written below:
Start with the Property
Property is the most problematic issue when it comes to divorces. This is why, mentioning how the property has been divided in the beginning is really important. You should mention how the personal property is going to be divided between the two. The division of the payable debt should be written clearly as well.
This party will focus on if any party is going to provide the other with the spousal support or not. Do mention how much money one spouse will will be paying in the name of support to the other. Do mention any other terms or conditions, if applicable.
If the dependent party has decided to waive spousal support, then that should be mentioned in the agreement as well.
Child Custody, Support and Visitation Rights
If the couple has any child then this section should address to the visitation rights, child custody as well as the support. Children’s names and their dates of birth should be mentioned in the start. After that the name of their legal custodian, whether it is the mother or the father, should be mentioned. If it is going to be a joint custody, then it should be written in the agreement as well.
After that, mention that who will have the physical custody of the child. Similarly, if both the parents are going to have the physical custody, it should be mentioned as well.
Visitation rights are granted to the party which does not get the physical custody of the child. Who gets the visitation rights should be mentioned also. It should also be mentioned that when and where the visit will take place and who will pay for it.
An important part to mention is that if any of the parent changes his or her residential address, he or she should inform the ex.
Also, it is necessary to make sure that both the parties understand the child custody laws and mention that in the agreement as well.
In the end, make sure to add that the agreement is final and both the parties are bound by it.