Most divorces do not go all the way to trial. According to statistics, as many as 90 percent of them resolve somewhere before trial, which is suitable for everyone involved in Georgia and across the United States. For the courts, it means less backlog. For the divorcing parties, it means fewer costs, shorter timelines, and less psychological impact.
In some cases, divorcing parties resolve their differences before filing for divorce and only go to court to ratify their agreement. According to Atlanta Divorce Law Group professionals, understanding these agreements is crucial for anyone navigating the divorce process. This guide looks into divorce settlement agreements from their definition to how to create one and can be a good read for you if you are in the process of a divorce.
What Is It?
A divorce settlement agreement is sometimes described in different terms, such as mediated agreement, collaborative agreement, separation, and property settlement agreement. Its most basic definition would be a document laying out a divorce’s terms. It helps the parties to a divorce have better control of the outcomes rather than have the court decide their fate at trial.
Generally, the agreement stipulates how the divorced couple will divide their marital property and debts, who pays alimony and child support, and the child custody agreement.
Do We Need to Have One?
“You do not have to enter a divorce settlement agreement when separating. Still, it makes the process much easier, as the court only takes responsibility for enforcing it in a divorce judgment,” says family lawyer Shawna Woods. The court isn’t obliged to enforce every agreement. It only does so after reviewing it to determine that it is fair and that the children’s best interest is upheld if they are born in the marriage.
Ensuring that the document you file in court is legally binding is essential. The best way to ensure that your document is legally binding will be to have it drafted by a professional, such as a family lawyer.
What If I Don’t Like the Agreement?
In some situations, one party in a divorce may be for an agreement while another is not. If you dislike an agreement or disagree with its terms, you do not have to sign it. The best approach in such a situation is to try and find a middle ground.
For example, you could express your disagreement and have them come to the negotiating table to draft an agreement you can agree on. If there’s no cooperation from the other partner, leave the decision-making to the court.
Should I Sign It If I Agree With the Terms?
If you are not a party to creating an agreement and go through it and feel like it is something you can work with, there would be no problem agreeing to it. However, you mustn’t sign it until your lawyer reviews it. According to the American Bar Association, having independent legal representation during settlement negotiations significantly improves outcomes and reduces future disputes for divorcing parties.
If your spouse’s lawyer drafts it, it’s not drafted with your best interests at heart, so the best thing you can do for yourself is to have someone with your best interests in mind look into it to ensure you’re not getting a raw deal.
Understanding Mediation and Professional Guidance
There are also cases where the parties to a divorce can agree on most issues but disagree on a few. If this is the case with your divorce, the best way out is through mediation, where a neutral third party will help you iron out your differences and reach an agreement. But following your family lawyer’s lead in everything is also important.
Professional guidance ensures that all legal requirements are met and that the agreement serves your long-term interests rather than just resolving immediate conflicts. Taking time to understand each provision and its implications can save you from future legal complications and financial hardships down the road.
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