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What Is A Divorce Settlement Agreement?

By Lizbeth Potts Attorney At LawPublished 4 years ago 2 min read

The primary goal of any couple undergoing a divorce is to reach an agreement with their spouse and separate as amicably as possible. A divorce settlement agreement is often the best way to achieve this.

Couples can enter into a divorce settlement agreement at any time. It can be done both before and after they separate or divorce petition. Agreeing on a divorce settlement sooner allows couples to avoid unnecessary complications, further upheavals in their lives, and higher legal fees.

It isn’t enough to simply know what is a divorce settlement agreement, though. It is also important to understand what matters it should address and what each couple’s rights are.

Defining a Divorce Settlement Agreement

A divorce settlement agreement is a comprehensive written contract used to define the terms of the divorce as agreed upon by the couple. It may also be referred to as a marital settlement agreement, collaborative settlement agreement, or mediated separation agreement.

We highly recommend hiring an experienced family law or divorce attorney to draft the settlement agreement. Even if the other party has already prepared one, it is still best to have your lawyer look over it and ensure your rights are protected.

Issues Covered in a Divorce Settlement Agreement

A divorce settlement agreement should include basic information on the couple, including the reasons for the divorce, living arrangements, and personal details of any minor children who may be affected.

Most of all, the settlement agreement must address all matters related to the divorcing couple. Two major issues it addresses are the division of marital assets and any child custody matters.

Dividing Marital Assets

Dividing property and other financial assets is often a point of contention among couples. The settlement agreement determines which assets fall under joint or marital ownership and how it would be divided between the divorcing couple.

These assets may include joint bank accounts, investment portfolios, retirement assets, the family home, and personal items. The document would also need to indicate how the couple would handle liabilities or debt going forward.

Child Custody and Support

Divorce settlement agreements must also outline child custody and child support payments.

Regardless of whether the couple chooses to share custody or not, the document should include a parenting plan, holiday schedules, parents’ rights to access medical records, school plans, and more.

Other child custody matters the agreement should include are:

● Child support payments

● Health insurance and other health expenses

● School and college tuition fees

● Alimony or spousal support payments

● Visitation rights

● Time-sharing schedule

Resolving Divorce Disputes Out of Court

Having the help of the best divorce lawyer in Tampa helps make resolving divorce disputes much easier. A divorce attorney can help couples settle out of court through informal negotiations or mediation.

In these cases, a divorce settlement agreement is still drawn up based on what both parties agreed upon. Once signed, the court will use these as a basis for the final divorce decree, thus skipping lengthy court disputes.

Instead of looking up what is a divorce settlement agreement, you can get faster and more comprehensive answers by asking a qualified family lawyer in Tampa. Contact Lizbeth Potts today to get assistance from a reliable and highly experienced divorce attorney.

divorce

About the Creator

Lizbeth Potts Attorney At Law

Lizbeth Potts is a proud attorney from Tampa, Florida. With extensive experience and expertise in divorce, immigration law, family law, wills, trusts, and probate, Lizbeth Potts, P.A. is dedicated to help locals navigate the law.

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