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What is a Divorce Agreement?
It 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. The divorcing couple in an uncontested divorce 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 assets, child custody and support, visitation rights, alimony, and other important matters. It is advisable 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.
Things become complicated when one or both spouse does not agree with the terms of the separation. When you cannot reach an agreement, you’ll probably end up putting your case in court. This is when the judge turns over to decide on all related issues.
Do I need a lawyer to make the divorce agreement?
It is highly recommended that you appoint a lawyer to make your Divorce Agreement. In case the other party arranged it, it is best that you have your own lawyer to review it. Your lawyer will ensure that important legal provisions are clearly specified in the agreement in order to protect your interests. It is necessary that you trust the experts to help you completely understand the content of the agreement. You would not want to miss some serious provisions and end up losing significant rights. 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. This will enable 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 to the agreement.
You need to sign the Divorce Agreement before 2 witnesses and register it at the District Office. Once registered, it becomes a binding contract and an obligation by both divorcing spouses to follow its terms. In case one party violates or fails to comply with the provisions, the other party may bring this to court for enforcement.
Can a Divorce Agreement be modified?
Changing certain provisions 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 the new arrangement shall be in the best interest of the child.
How can we modify a Divorce Agreement?
If both parties agree to the new terms, you must draw up a revised agreement. You must seek the assistance of your lawyers to be certain that there will be no problems in the future. You need to file the revised agreement with the court to be officially enforceable.