What Is A Divorce Agreement? All You Need To Know

A divorce agreement allows you and your current spouse to negotiate and agree to the terms of your divorce. You likely want to resolve as many issues as amicably as possible, and this document can be the best way to save you a great deal of money, time, and frustration.

When you and your partner have separated, you want to formally agree on how you will handle important issues, such as:

This guide will help you understand how to put together a divorce agreement and the benefits of formally agreeing to the terms of your divorce.

What is a Divorce Agreement?

A divorce agreement is a formal, written document that outlines all of the agreements between two parties for a divorce. It contains all of the important specifics to both parties and may be required for the divorce to proceed. They are commonly referred to by other names as well, such as:

As the divorce agreement is a legal agreement that both parties sign and consent to, spouses are entitled to have the stipulations mentioned in the document considered and enforced in court – if necessary.

However, this document is only one of several documents you need to get a divorce. The terms mentioned in the agreement, while given significant deference, can either be accepted or rejected by the court. If necessary, the court will amend the document before it becomes a court order and is legally binding.

Once the court has ordered the agreement, it can be amended as needed and allowed by law. Either party has to petition the court to modify the agreement if there is a significant change in their circumstances. For example, one of the terms in the agreement can be providing a specific amount of spousal support. If your salary reduces due to changes in your employment, you can petition to modify the divorce agreement to reflect these changes.

However, the other spouse should also agree to these new terms; otherwise, you can be in for a court battle to prove to the judge why the modifications are necessary.

It would be best to agree to terms with your spouse before going to court, as this is crucial to a hassle-free divorce.

What Is Included in a Divorce Agreement?

A divorce agreement typically includes information necessary for the separation of the parties. Getting a divorce is a significant life change for both spouses. The terms contained in the files can help outline your life and dictate the responsibilities each spouse will have following the end of their marriage.

Your agreement should cover everything important to you, including any information discussed below.

Basic Information

Every divorce agreement should contain certain basic information to be legally enforceable. These fundamental elements are essential to a quality divorce contract:

Ensuring the correct information makes it into the agreement is often difficult without some help. Using a template can help the parties build the document without the assistance of legal counsel.

Property Division Agreements

One of the most contentious parts of a divorce is often dividing property. In most cases, the jointly owned property will be up for debate and can include many types of significant assets:

When you and your former partner agree on terms, you can prevent a protracted legal battle over property, costing a great deal of money. The court will have to distribute these types of property and many others between parties. Financial disclosure may help identify the parties’ assets when making these divisions, and in some states, a sworn affidavit of financial disclosure is a requirement.

Child Custody and Support Issues

When spouses have minor children, determining how they will handle child custody and child support is critical for any divorce agreement. Ideally, you and your spouse would agree on these terms, or a contested hearing in domestic relations court will have to occur.

In that case, the court will choose an arrangement with the child’s wellbeing in mind, based on child support guidelines. These determinations may not be favorable to either party. Instead, parents who can agree on how to handle their children post-divorce are more likely to have these terms accepted by the court overseeing their divorce.

The agreements should discuss aspects like the following: