Divorce can be a highly contentious process that may sometimes involve heated disputes in a courtroom setting. Cooperating with your spouse to handle affairs through the creation of a divorce settlement agreement can be an amicable alternative for putting matters of separation to rest.
Litigation and settlement can both be valid ways to handle a divorce, and the correct choice depends on your unique circumstances. By understanding the nature of divorce settlement agreements and when creating one might be the best option, you can choose the right path forward through these complex circumstances.
What is a divorce settlement agreement?
A divorce settlement agreement, also known as a separation agreement among other names, is a legally binding and mutually agreed-upon document that outlines divorce terms such as child custody, property division and other important matters. The creation of a divorce settlement agreement is a collaborative process, meaning that both spouses must agree to the terms before the court will accept it.
When is a settlement agreement right for your divorce case?
Working with your spouse to decide on the terms of your divorce through a settlement agreement ensures that you retain control of your family situation, rather than allowing the court to have the final say. It requires a willingness to collaborate, though, and could be the best option for couples who are open to mediation.
Asking your soon-to-be ex-spouse to sign a divorce settlement agreement is an appealing option if the two of your wish to settle things amicably and maintain a functional relationship after the split. If there is a high level of hostility in your divorce, though, signing a separation agreement might not be on the table.