A divorce is a very stressful situation, even under the best of circumstances. However, if you both agree on how to divide the property and the debts, the process can flow more naturally. By writing a divorce agreement, you and your partner can have more control over the process. Through this agreement, you will establish how you want to divide the marital assets and debts, as well as address issues such as spousal and child support, or custody and visitation issues.
Steps
Part 1 of 4: Create the Agreement Format
Step 1. Find sample forms or templates
Most courts provide forms or templates that you can use to write your divorce agreement. Check with the clerk of the court where you plan to file for divorce. You may also be able to download these documents from their website.
There are also business forms available online and in legal form books that you can purchase at office supply stores. You can also check with your local library. If you decide to use a business form, make sure it is approved for use in your country. If the form does not specify the countries where you can use it, consult a local attorney
Step 2. Name the parties to the agreement
The first sentence of any agreement should list the names of the parties that make up the agreement. In the case of a divorce agreement, the parties will be you and your spouse. Here you can also specify the designation that they will have in the rest of the document.
- For example, you can write: "This agreement between Carlos Gómez, husband, hereinafter" Gómez "and María López, wife, hereinafter" López "".
- If their last names are different, you can simply refer to each party by their own last name. In case they have the same last name, you will have to use something else to refer to each part.
- If you are a heterosexual couple, you may prefer to use terms like "husband" and "wife" in the agreement. You can also use legal names. Some couples use designations like "Spouse A" and "Spouse B", which can be confusing. Choose an option that is easily identifiable without having to reread the beginning of the agreement to see who is who.
Step 3. Write down the marriage information
The next sentences of the agreement will establish the date and location of the marriage, and will specify if they have children in common. If they don't have children, include a statement to that effect.
- In the first part, you can write something like "The parties to this agreement were legally married on October 31, 2016 in Lima, Peru, and have been married ever since."
- If they have children in common, you can write "The only children of the parties, living or deceased, are …", and write their names and dates of birth. If either party is capable of having children, include a sentence to clarify whether she is currently pregnant.
- In the case that they do not have children, you can include a simple sentence such as "The parties have not had children, nor are they expecting them."
Tip:
Obtain a certified copy of your marriage certificate, as well as certified copies of your children's birth certificates (if you have them). You will need these documents during the divorce process.
Step 4. Include a statement regarding the separation and pending divorce
After you've written your marriage information, list the date that you and your spouse separated. Then, mention who filed the divorce proceedings, the name and location of the court where it was served, and the case number.
- For example, you can write: "The irreconcilable differences between the parties have led to an irreparable breakdown of the marriage and they separated on December 26, 2018. They currently live separately and apart without cohabitation."
- Add another sentence with the information related to the divorce process. If you have not yet filed, include a statement such as "The parties, or one of them, expect to file a domestic relations lawsuit soon." Then, include the name of the court where you will be filing.
Step 5. Write the sections of the agreement
If you don't use a sample form, write the headings in the document for the different issues that both parties have to agree on. These titles will help you organize your document.
- For example, you can write "Real property", "Personal property", "Debt", "Children" and "Pets".
- When completing the agreement, list each of the statements below the sections. In this way, it will be easier for you to refer to the information.
Step 6. Describe any agreements made regarding legal fees and court costs
Towards the end of the agreement, include a statement to specify whether both parties have hired attorneys, and who will be responsible for bearing court costs and legal fees.
- If neither of you has hired a lawyer, this clause generally includes a disclaimer that you both understand that you are entitled to legal assistance and that you have voluntarily decided not to use this possibility.
- If you have agreed to split the court costs and filing fees associated with the divorce, you can include that in the settlement agreement. You can also add any agreements between the two of you regarding who should file for the divorce and when.
Step 7. Leave a space for the signatures and the notarial seal
Leave two or three lines blank for each signature. Include a blank line and then write your full legal name and that of your spouse. Use married names, even if they have agreed to change their names after the divorce, since the process is not finished yet.
Under the space for your signatures, leave a place for the notarial seal. You can copy it from any legal document. Make sure the notarial seal is on the same page as the signatures as you add provisions to the agreement
Part 2 of 4: Dividing Property and Debt
Step 1. Use a simple disclosure, in case the property is minimal or has already been divided
If you and your spouse have been separated for a long time, you may have already done the property separation. If this is the case for you, it is not necessary to include too many details in the section of the agreement corresponding to the division of property and debts.
For example, you can write "The parties agree that the marital assets and debts are minimal, and that they have already divided them to their full agreement."
Step 2. Identify the separate assets acquired before the marriage
In a divorce, the marital property will be divided between the two of you. However, separate property is not divided and belongs to the sole owner who originally acquired it. In the case of having a separate asset with significant value, describe it for each of the parties.
- For example, imagine that you bought a Porsche 911 in perfect condition many years before you were married. This car is a separate asset and you must identify it as such in the settlement agreement.
- If you use common property to keep or improve the separate property, the judge will decide if it is marital property that should be divided fairly. However, it is possible to avoid this situation if both recognize that it is a separate asset.
Step 3. Discuss real property separate from personal property
If you and your spouse own a house, land, or any other real estate, it's important to decide what to do with it. If one of you will keep the house, the other party must remove your name from the deed.
- For example, imagine that you and your spouse bought a house in the first year of your marriage. You have a mortgage for $ 150,000 and a home equity of $ 80,000. If you both agree that your spouse will keep the house, the agreement should state that you will remove your name from the deed and the mortgage.
- Deciding what to do with a home or real estate can be one of the most difficult and expensive parts of a divorce. However, keep in mind that if they go to court without an agreement, the judge may order that the property be sold. If either of you has an interest in keeping it, it will be worth the time and effort required to come to an agreement.
Tip:
neither the settlement agreement nor the divorce decree transfer title to real property (or personal property, such as a car that has a title). Once the divorce is final, both parties will have to transfer the property according to local rules.
Step 4. Provide a list of the assets that each party will receive
Marital property includes physical property, such as cars, furniture, and household items, as well as bank and investment accounts, life insurance policies, and retirement funds. At the top of the list, write a sentence to identify the person who will receive the property and establish that they will have full possession and ownership of the property. Then list the assets along with their estimated value. Do the same for the other party.
- Valuable items (such as cars, boats, jewelry, and furniture) should be listed individually. For other items, simply include a category and an estimated value for all items in it. For example, you can write "Clothes" for each one and assign it a value of $ 2000.
- For bank and investment accounts, include the account numbers and identify the financial institution where they are located.
Tip:
describe properties and assets in as much detail as possible to avoid future confusion. You can even take photos and attach or include them in the agreement as evidence.
Step 5. Include a list of the debts that each party has agreed to pay
Respect the same format of the goods. Write a sentence to identify the spouse who has agreed to pay the debts. Then include a description of the debt and the total amount. Do the same for the other party.
If they have insured assets, the debt will generally be assigned to whoever retains the asset to which it is associated. For example, if you are making payments for a car and your spouse agrees to keep it, you will be responsible for the payments associated with that asset
Tip:
Your creditors are not bound by your agreement, so they can go after either one to collect payments on joint debts. Unpaid debts will continue to appear on your credit report and affect your credit score, even after the divorce is final.
Part 3 of 4: Addressing Alimony and Custody Issues
Step 1. Decide if either of you will receive alimony from the other
Generally, a spousal support is a problem when one party earns much more money than the other. It can also be a conflict if one of the parties has taken a break from work and has been depending on the other. If you do not include spousal support in the divorce agreement, the judge will decide for you once you are divorced.
- Spousal support is more common when one of the parties quits his job to stay at home caring for the couple's youngest children. It is also requested when one party earns much more money than the other, and the other party has become accustomed to a certain lifestyle as a result.
- In the agreement, you can specify not only the amount of the spousal support, but also the time that these payments will be made. You can decide whether the payments between the two will be delivered or the salary of one of the two will be garnished.
- If you decide that neither of you will receive spousal support, include a sentence that says something like "We both give up any rights to spousal support that may exist."
Step 2. Describe the agreement regarding pets
In many cases, deciding who will keep the pet can be as difficult a matter as custody of the children. However, as part of the settlement agreement, you can establish pet-related rules that are as detailed as parenting plans for children. As long as both of you agree, the agreement will be enforceable in court.
- For example, you may decide that your spouse will be the full owner of the dogs, but that you can have them by leaving a weekend. They can also agree that the party that will not keep the pets will pay a certain amount per month to help with the cost of food, supplies, and vet bills.
- You can also specify the pet's vet or make an agreement regarding the frequency of regular check-ups.
Step 3. Learn about government guidelines regarding child support and parenting plans
Each country has specific guidelines for calculating the corresponding amount of child support, in addition to designating who is responsible for paying this expense. Generally, you will not be able to deviate from these requirements unless strict conditions are met.
- Most countries have specific forms that you will need to complete to show how you have calculated support, as well as to describe the specifics of your parenting plan. Talk to the clerk of the court where you filed (or plan to file) the divorce. These forms are also generally available for download from the court's website.
- While you can include the specifics of your child support agreement and parenting plan in the body of the settlement agreement, it is generally easier to complete the required forms and incorporate them for reference. For example, under the "Child Support and Custody" section, you can write "The state child support and parenting plan file is included and incorporated into this agreement for reference."
- If your state child support agency is involved in your case, they may need to sign the parenting and child support plan agreement.
Tip:
The judge will review the child support agreements and parenting plan to determine if they represent the best interests of your child (or children). Also, you could ask your older children about their preferences.
Step 4. Add any other agreements related to inheritance or college expenses
Even in the middle of a divorce, it is very common for parents to want to provide their children with an education in the future. If you and your spouse have reached an agreement regarding your children's future expenses, you can include this information in the settlement agreement.
- For example, if your spouse has opened a savings account for your children's college expenses, you will need to provide the account number, balance, and financial institution for that account, along with a statement regarding the purpose of the funds.
- If you both agree to contribute funds for children's education or other expenses in the future, you may be able to deduct a portion of those amounts from your child support payments. Talk to your family lawyer or a family court facilitator to learn more about this.
Part 4 of 4: Finalize the deal
Step 1. Review the agreement carefully
Read the document several times with your spouse. Compare the account numbers and figures with your financial records to make sure everything is correct.
In many countries, you and your spouse will need to complete a financial declaration form that describes the separate and marital property. The accounts and balances in the resolution agreement must be the same as those that appear on said form
Step 2. Ask an attorney to review the agreement
As much as you and your spouse agree with everything in the document, it is always a good idea to have a professional who specializes in family law review it. The attorney will ensure that the agreement includes everything necessary to be legally binding on the state.
- An attorney will also ensure that the format is acceptable to the local court.
- If you can't afford an attorney's fee, your local family relations court may have a facilitator or workshop to assist you to review the agreement for free. Having someone else read the agreement could save you potential confusion or delay, in the event that something is not spelled correctly or you have missed a necessary provision.
Step 3. Sign the agreement in front of a notary or notary public
Most countries require divorce agreements to be notarized. You and your spouse must bring the agreement and sign it in the presence of the notary public, who will verify your identifications, witness the signature, and affix your seal.
You can find a clerk in most courts and banks. Report together so the clerk can witness both signatures at the same time
Tip:
a clerk will not review the document for you, and cannot provide legal advice. You will only confirm the identity of both parties and witness the signatures.
Step 4. File the agreement with the court
If they have already filed the divorce petition, you can generally file the settlement agreement without paying an additional filing fee. If you have not yet filed for divorce, include the settlement agreement with the petition.
- Generally, you will need to make at least two copies of the agreement to present alongside the original. The copies are for you and your spouse. The court clerk will stamp them as filed and return them to you, but will keep the original document.
- If you wish, you can call the court clerk's office ahead of time for specific requirements. Each country has specific filing requirements, and individual courts may also have their own local rules.
Warnings
- This article describes the process for writing a divorce agreement in the United States. If you live in another country, the rules regarding divorce may vary. Consult with a local family law attorney.
- Learn about the specific rules of your country before writing a divorce agreement by following the steps mentioned. Have a family law attorney review the agreement to make sure it follows the appropriate rules.