This document review list is offered to provide you background information on the subject and to aid you in the writing process. Pre-divorce agreements can help you save a lot of time, money, and mental distress throughout the divorce process. The paying party need time and emotional freedom in order to acquire the funds required to finance the agreement. This is an element that the receiving party frequently misunderstands. Lawyers may easily feed the fires and consume the family’s assets in a dispute, or worse, a war, over what little there is to fight over.
If one party fails to make complete and accurate disclosure of assets, that portion of the agreement may be readily challenged—and commonly overturned—while the remainder of the agreement remains in place, allowing the parties to move on with their future lives and obligations.
1. Make several copies. Collect a large number of witnesses. Maintain a firm stance on the agreement if the opposing party brings attorneys. The more aggressive the opposing counsel, the more prudent it is to cling to this arrangement
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_____________, referred to herein as HUSBAND and _______________, referred to as WIFE, agree:
The parties were lawfully married on _____________ at __________, _________. Difficulties have occurred between the parties, and they have agreed to live separate and apart.
The parties nevertheless desire to resolve certain issues and consequently, have entered into this agreement.
The parties have ___ children born of this marriage, named:
__________________________________________________________ born, ______________________________________, respectively.
The parties have made a complete disclosure to one another of financial matters and each is satisfied that they have had sufficient disclosure of the parties individual and joint finances.
The parties have each been advised by advisors of their own choice regarding their legal rights and any disclosures made herein.
The husband shall assume the following debts, and hold the wife harmless from the same:
The wife shall assume the following debts, and hold the husband harmless from the same:
Neither party shall incur any further debts which may result in joint liability. In the event that either party incurs a debt on joint credit of the parties, they shall be responsible for the same.
As child support, HUSBAND shall pay support weekly the sum of $ ____ (___________&___/100 dollars).
The HUSBAND shall maintain ______ insurance for the benefit of _____________________.
Personal property of the parties shall be divided as follows:
The HUSBAND shall have the following property:
The WIFE shall have the following property:
If any debts are associated with the items of property divided herein, the party receiving the same shall assume the debt and hold the other party harmless from such debts.
Any property not specifically divided herein shall be subject to distribution at a later time.
The ___________________ shall have temporary possession of the residence owned by the parties located at _____________________. Expenses related to the residence shall be borne by the parties as follows:
The parties agree that this agreement is intended to be a final disposition of the matters agreed upon herein. This agreement may be introduced into evidence and incorporated in a final decree of dissolution of marriage. In the event that any disputes occur regarding this agreement the prevailing party shall be entitled to reasonable counsel fees regarding such enforcement.
THIS IS A LEGALLY ENFORCEABLE AGREEMENT. READ CAREFULLY AND OBTAIN LEGAL ADVICE BEFORE EXECUTING THIS AGREEMENT.
Witnesses as to HUSBAND:
Witnesses as to WIFE:
This review list is provided to inform you about this document in question and assist you in its preparation. Pre-divorce agreements can save a ton of time, money, and emotional pain. The paying party needs the time and emotional freedom to earn the money to fund the agreement. This is a factor often misunderstood by the receiving party. Lawyers can easily fan the flames and consume the family assets in a fight or worse yet, a war, over what there is.
If one party or the other has not provided clear and complete disclosure of assets, then that part of the agreement can be challenged easily-and overturned frequently-while leaving the rest in place so the parties can get on with their future life and responsibilities.
1. Make multiple copies. Get multiple witnesses. Hold firm to the agreement should lawyers arise on the other side. The more aggressive the lawyer on the other side, the wiser it is to hang on to this agreement.