How do I write a divorce agreement?

Any divorce settlement agreement that’s going to stand the test of time and the close scrutiny it will be subject to needs to cover ALL relevant issues that go beyond things like division of property, custody and access and support payments not leaving any loopholes that could lead to issues or questions from either spouse. It will need to cover all possible repercussions that could result from the separation, like taxation impacts for example. And it’s vital the agreement deals with disputes that might arise by offering up ways that any future conflicts can be resolved.

The language you use in your divorce agreement can’t be open to interpretation. It has to be precise and definitive and expressed in a way that can be easily understood by both parties. Don’t fill your settlement agreement form with legal jargon just because you think it lends the extra document gravitas. Always use plain, everyday language so it’s clear to everyone what you’re trying to communicate.

There’s no room for estimations or wild guesses in a divorce agreement. All the information it contains, particularly those that relate to income and financial statements needs to be truthful and accurate. The same with names and addresses, bank account numbers as well as any dates mentioned. They all need to be precise.

Some elements of your settlement agreement will require you to go into great detail. We’re talking about things like individual and family assets, physical objects you are planning to divide between you, and other essential matters such as corporate shares or other investments. These all need to be listed in the greatest of detail. Your free divorce agreement template form probably won’t offer up enough space for this, so you are better off attaching a separate sheet with this information to avoid overcrowding the main document.

There are some divorce agreement kits available that claim to provide legal clauses that can be customized to suit your circumstances. But in reality, there’s no such thing as a good one size fits all divorce agreement kit. If you don’t understand the legal implications of these clauses, many of which are outdated anyway, you could be getting yourselves into a whole world of pain by using them. Leave the legal language to the legal professionals, and leave those one size fits all templates right where you find them.

Standardized clauses are unlikely to match your set of circumstances, rendering this type of divorce agreement template forms a dangerous choice. As our earlier tip stated, it’s vital to be specific and detailed. Boilerplates are broad and generic, which goes against everything a settlement agreement should be.

Things are going to change in the lives of both spouses, and these need to be taken into account in the terms of your separation agreement. Consider child custody as an example. Your agreement will need to state clearly when responsibility for child support ends, and what happens if one or other spouse remarries. All potential scenarios need to be covered.

It’s an obvious but vital point. Your settlement agreement is going to affect both of your futures. For an agreement to last, the terms need to be created in collaboration with each other, with both parties agreeing to the content. Any agreement dominated by one spouse over another is destined to cause future conflict. Your contract should be an equal and joint venture because if both parties feel they have had equal input into the terms of the agreement, they are more likely to support and honour its terms.

While it’s been mentioned that details are essential to any settlement agreement, there’s no way you will be able to cover absolutely every aspect of your separation in your templated agreement. And any terms or obligations that are too unrealistic or impossible for one or other spouse to uphold in their daily lives will be the first terms to get broken, inevitably leading to disputes. So be sure to make all terms achievable for whoever they relate to.