When a couple decides to get a divorce, one of the first things they need to do is create a divorce agreement. This document will outline how property and assets will be divided, as well as child custody and support. It can be helpful to use a divorce agreement template to make sure that all-important details are included in the agreement. On this page, we will discuss what a divorce agreement template is, and what it should include. We will also discuss the benefits of using one of these templates during your divorce proceedings.
What is a Divorce Agreement And What Does it Include
A divorce agreement is a legal document that outlines the terms of a divorce settlement. It includes provisions for child custody, visitation, support, and property division. The agreement may also include a waiver of alimony or spousal support.
The benefits of using a divorce agreement template are that it can help you create a legally binding document that can be used in court if necessary. It can also help you avoid costly mistakes that could lead to delays in your divorce proceedings.
When creating your own divorce agreement, be sure to include all pertinent information such as:
- The date of the marriage
- The names and addresses of both parties
- A statement regarding any children born to or adopted by the couple
- A list of all joint assets and debts, including property, savings, retirement accounts, and mortgages
- A proposed division of assets and debts
- A child custody and visitation schedule
- An alimony or spousal support waiver (if applicable)
If you have any questions about what to include in your divorce agreement template, be sure to consult with an experienced family law attorney. They can help you ensure that your document is complete and accurate.
The Benefits of Using a Divorce Agreement Template
While the process of divorce can be complicated, using a divorce agreement template can help simplify things. A well-drafted agreement will cover all of the key issues that need to be addressed in a divorce, including child custody, visitation schedules, asset division, and more. This can help save you time and money by ensuring that you don’t have to go back and forth with your spouse over these details.
Additionally, having a divorce agreement in place can help reduce conflict down the road. By having everything laid out in black and white, you and your spouse will know exactly what is expected of each of you. This can prevent misunderstandings and provide clarity if disagreements do arise.
If you’re considering using a divorce agreement template, there are a few things you should keep in mind. First, make sure that the template you choose is comprehensive and covers all of the key issues in your divorce. Additionally, be sure to have an attorney look over the agreement before you sign it to ensure that it is fair and legal. Finally, remember that this agreement is not set in stone; if you need to make changes down the road, you can always do so.
How to Create Your Own Divorce Agreement
If you and your spouse are on relatively good terms, you may be able to create your own divorce agreement template. To do this, start by making a list of all the key issues that need to be addressed in your divorce. These might include things like child custody, property division, spousal support, and so on. Once you have a comprehensive list, sit down with your spouse and try to negotiate an agreement on each issue. If you’re able to reach an agreement on everything, great! If not, don’t worry; you can always ask a lawyer or mediator to help you iron out the details.
Once you have all the key issues settled, it’s time to put your agreement into writing. Again, you can either do this yourself or have a lawyer or mediator help you. Once everything is in writing, both you and your spouse should sign the agreement, and each of you should keep a copy for your records.
Sample Divorce Agreement Template
Below is a sample divorce agreement template that you can use as a starting point for drafting your own agreement. Keep in mind that every couple’s situation is unique, so you’ll need to tailor the agreement to fit your needs.
DIVORCE AGREEMENT This Divorce Agreement is made and entered into on [DATE], by and between: [YOUR NAME], of [YOUR ADDRESS] (“You”), and [SPOUSE NAME], of [SPOUSE ADDRESS] (“Spouse”). In consideration of the promises and covenants herein contained and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties agree to the following terms: I. DEFINITIONS a. “Children” means any natural or adopted child of the Parties who is under eighteen (18) years of age or any child over eighteen (18) years of age who is still attending high school full time. b. “Property” means any and all assets and liabilities that either party acquired during the marriage. This includes, but is not limited to: real estate, vehicles, retirement accounts, savings accounts, checking accounts, investments, furniture, appliances and personal belongings. II. GENERAL PROVISIONS a. The Parties agree to live separate and apart from each other, and the marriage is hereby dissolved. b. The Parties shall each be responsible for their own debts and liabilities incurred after the date of separation. c. The Parties shall each keep and maintain their own separate property, without any right of claim or interest by the other party, subject to the provisions below regarding division of marital property. III. DIVISION OF MARITAL PROPERTY a. The martial property of the parties shall be divided as follows: [insert terms of division]. IV. SUPPORT OBLIGATIONS a. [spouse A] shall pay [amount] per month in spousal support to [spouse B] for a period of [length of marriage/cohabitation], beginning on the date of this Agreement. b. In the event that either party should die while this Agreement is in effect, all support obligations shall cease as of the date of death. V. CHILD SUPPORT a. [spouse A] shall pay [amount] per month in child support to [spouse B], beginning on the date of this Agreement and ending when the child reaches the age of majority or completes high school, whichever is later. b. In the event that either party should die while this Agreement is in effect, all child support obligations shall cease as of the date of death. VI. ALIMONY a. [Spouse A] shall pay [spouse B] the sum of [amount] per month as and for alimony, beginning on the date of this Agreement and ending on the earliest to occur of: (a) the remarriage or cohabitation by [spouse B]; or (b) the death of either party. VII. WAIVER OF RIGHTS Each party hereby waives any and all rights that he or she may have to: a. Alimony from the other party; and/or b. An equitable distribution of property from the estate of the other party upon his or her death; and/or c. Any right to receive any interest in or to the retirement benefits of the other party. VIII. GENERAL PROVISIONS a. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. b. This Agreement is binding on both parties and their respective heirs, successors, assigns and legal representatives. c. Both parties have requested and received full disclosure from the other party of all assets, liabilities, income and expenses as each exists on the date of this Agreement and each party acknowledges that he or she understands all financial aspects of this Agreement. Each party has had ample opportunity to seek independent legal counsel prior to execution of this Agreement and each party agrees that he or she has done so or waives any right to do so. d. Each party agrees that the terms of this Agreement are fair and reasonable under all circumstances and that each would not be entering into this Agreement except for the terms contained herein. e. This Agreement may be executed in counterparts, each of which shall be an original but all of which together will constitute one agreement.
This is just a sample of what a divorce agreement might look like. The important thing to remember is to include everything you can think of in order to make the process as smooth as possible for both parties involved. If there are any questions, be sure to consult with an attorney before moving forward. Taking the time to do this now will save you a lot of headaches down the road.
What other important points would you add to a divorce agreement template? Let us know in the comments below!