The divorce settlement agreement is also referred to as a separation agreement or mediated separation agreement or marital settlement agreement or collaborative settlement agreement or property settlement agreement. Regardless of what it is called, a divorce settlement written contract aims to observe an arrangement between the divorcing couples as to property division, child support, maintenance, and child custody.
Is there a need to enter into a settlement agreement before separation?
Couples can enter into a settlement agreement after or before filing for a divorce. It doesn’t matter if you are unable to work on an agreement until the divorce trial day. Nevertheless, it is sensible to settle your case as soon as possible, especially if the aim is to avert unnecessary lawyer fees and chaos.
Is there are need to hire an attorney for divorce agreement preparation?
It is recommended to hire an experienced advocate to prepare the divorce agreement. If the agreement is already prepared by your spouse’s lawyer, you will need to look for a lawyer to review it. It ensures that crucial legal provisions are mentioned, corrected, or deleted to defend your rights.
For example, ‘sole legal custody, ‘relinquishes & waives future claims’, ‘exclusive possession’, etc. have crucial meanings. A lawyer has a better knowledge of the words that can damage your interest. You are not attuned with legal language and can miss out on words making you lose crucial rights.
It is wise to approach to avoid the risk of paying more at the end of the divorce. If you live in Chicago contact Arlington Heights divorce lawyer at Fedor Kozlov, P.C. Law office in Schaumburg. The experienced lawyers know the client’s goal and reasons for marriage breakdown so develop case-specific strategies and ensure a fair settlement.
What if…….
- Everything is settled before filing a divorce – If the couple settles everything before they enter a divorce process, a mediator or attorney can draw an agreement. A signed divorce agreement turns into a binding contract. It means the couple is obligated to adhere to the mentioned terms. The agreement is submitted before and judge to ensure it is fair and then incorporated in the final decree. After which violation of the terms is regarded as contempt of court.
- One spouse does not approve another spouse’s proposed divorce agreement – If you don’t like the proposal, don’t sign it but be prepared for negotiation. Even if you are offered a deadline to answer don’t feel pressured. You can throw it in the trash because no one has the right to enforce a settlement against your wish. Waiting too long can be bad because your partner will become frustrated as you are in denial to negotiate. If you desire to settle then you need to show eagerness and be ready to compromise at some point.
- Spouse’s agreement proposal seems fair should the other spouse sign it – NO, if the proposal was drafted by your spouse’s attorney then have it reviewed by a lawyer that represents you. Ignore the pressure and your readiness to sign without involving a lawyer. The lawyer of your spouse will work in his/her interest, so the proposal drafted may not work in your favor. It can be biased!
- The couple agrees on everything then can both write their divorce agreement – It is a bad idea because the agreement can miss crucial legal provisions required by the state law. Later, both can disagree on such a necessary provision and end up paying fees to advocates, trying to clear up or repair the agreement. It is practical to spend some dollars and have an attorney draft an ideal agreement right from the start.
- Both agree and are on the same page then can a single lawyer be hired to draft a divorce agreement – It is possible but not recommended. One lawyer cannot represent both because no one will have a lawyer that defends their interest. On a later date, the agreement will seem unfair, and claims made that they were not aware of what they signed for because there was no personal lawyer involved.
If both are in synch then consider the divorce mediation process. A third-party act as a mediator and works with the couple to draft and finalize the divorce agreement. However, a lawyer of both spouses will be asked to review the settlement agreement drawn by the mediator.
- Both decide to ignore divorce agreement terms they signed – Nothing occurs or there are no arrests if both of you decide to adhere to different child support payment schedules. The thing to remember is both ex-spouses need to be on the same page if you do anything different than what you signed for in the contract.
If there is a fall-out from the spouse the other has a right to impose original divorce agreement terms. If both agree to make changes in the original settlement agreement, make it official in writing.
Is modification or change in the divorce agreement possible?
YES, the provisions associated with several financial matters, property, and liabilities are mandatory, unless both agree to modify it. There will be a need to draft a ‘Modification Agreement’ stating clearly the approved changes in the original terms. The modified divorce agreement has to be merged in a new court decree.
Child custody, support, and visitation terms are changeable unless a considerable change is revealed in the situation that happened post original order entry. The court determines if a new arrangement is good for the child.
The changes in the maintenance or alimony terms will depend on original divorce agreement wordings. Ensure that the original agreement words are clear as to whether obligation towards spousal support is adjustable or not.
Why divorce settlement negotiations can be an issue in Illinois court?
Everything filed in Illinois court is subject to public information that the opposing party, the judge, and the public can inspect. Therefore the settlements and proposals regarding children or finances cannot be kept confidential. The offeror of the settlement becomes vulnerable because the opposing party knows the terms and can counter-offer. It is better not to negotiate a settlement in Illinois court during pre-trial or trial.
If you are concerned about negotiating settlement terms that will not damage you in future consult an experienced family lawyer!