A divorce\nsettlement agreement is a legal document that states the terms and conditions\nof the divorce. Many times, it is also referred to by other names, such as\nseparation agreements, marital settlement agreements, mediated agreements,\ncustody-support and property agreements, and separation and property settlement\nagreements. This document enables you to settle the terms of divorce. It is\ndrafted before the mutual divorce proceedings between the spouses.<\/p>\n\n\n\n
The divorce settlement agreement<\/a><\/strong> is a crucial and essential document to settle the marital dispute between the couples. It is drafted by the couples to end their relationships without any ambiguity. The Divorce Settlement Agreement should be inclusive of all the possible points of settlement on various issues between both parties, so that their process of separating from each other is completed smoothly and the remaining issues are determined very clearly, to avoid any chance of ambiguity, so they could lead their lives peacefully after the enforcement of the Divorce Settlement Agreement. A divorce agreement is often drafted before the parties proceed with a mutual divorce<\/a><\/strong>. While drafting, parties sit across the table to sort out all the issues of disputes between them and decide whether to part ways or live together under the said settlement. It is often advised to consult an expert divorce attorney who can discuss all the relevant facts and sort them out while drafting.<\/p>\n\n\n\n All the\ndisputed issues must be specifically and clearly mentioned, those issues are\ngiven by both the spouses in the divorce settlement agreement to finally\nextinguish all the points of disputes and related issues.<\/p>\n\n\n\n In the\ncase, if there are children born out of wedlock of the couples, the issue of\ncustody of their child, their maintenance and all related issues must be dealt\/\nmentioned in divorce settlement agreement. Any arrangement specified in the\nagreement between the parents of the child\/ children should specifically deal\nwith the issue of custody of the child keeping in view the mandate of law and\nthe wishes of parents. This is one of the most important clauses of the\nagreement, hence this issue must be dealt specifically.<\/p>\n\n\n\n In the\ncases of where children are involved, the issues are not limited to the custody\nof the child. Other issues such as child support after the divorce holds the\ngreat importance. It should be mentioned explicitly and with utmost clarity,\nthat who will bear the expenses of the children. That it the divorce settlement\nagreement must specify which one of the parents will bear which cost and when,\nthat includes expenses of education, traveling, clothing, medical etc.<\/p>\n\n\n\n The other\nimportant aspect of the divorce agreement is settling the disputes related to\nthe estate\u2019s division and retention between the ex-spouses. The process is more\ncomplex if the property is owned jointly and under bank loan, by the parties.\nIn those type of situations, it becomes more important to specifically describe\nthe clear arrangement of paying off such loans, either through EMIs or by\ntransfer of the title after completion of the same.<\/p>\n\n\n\n The\nissues related to the distribution of the assets which are created by the\nparties together, during their matrimonial life are sorted out, so that there\nremains no dispute between the parties as well as there will be no scope for\nerupting any new issue. Therefore, it further solidifies the need of an expert\ndivorce attorney to draft the divorce settlement agreement.<\/p>\n\n\n\n Stridhan\nrefers to the assets and the gifts that the female\/wife receives from her relatives\nas well as the relatives of the Male\/Husband, during and after the marriage\nceremonies, it solely belongs to her for her lifetime, which can not be\nbifurcated, there it becomes essential to determine the Stridhan and clearly\nmake a list of all the items which are included under it in the mutual divorce\nsettlement agreement.<\/p>\n\n\n\n In most\nof the cases Husband is the earning partner in the marriage, thus he has to\nmake the payment of the permanent alimony to the wife which differs from case\nto case, and it is generally based upon certain factors such as financial\nstatus, financial capacity and the customs of the parties.<\/p>\n\n\n\n If any\nunpaid debt is left during the proceedings of divorce, it will be decided in\nthe divorce settlement agreement only that who will be paying the unpaid\nloan\/debt. If the parties have decided to pay in ratios, the ratios will be\ndetermined then and there only, the purpose is to avoid any confusion in future.<\/p>\n\n\n\n Divorce Settlement signifies that both parties in the marriage will be required to come forward and resolve their differences regarding all property, maintenance, child custody<\/strong>[1]<\/strong><\/a><\/sup> issues, etc. The court will then issue a ruling based on the terms agreed upon by both parties.<\/p>\n\n\n\nPoints To Remember While Drafting Divorce Settlement Agreement<\/h2>\n\n\n\n
1. Terms And Condition Should Be Clear<\/h3>\n\n\n\n
2. Custody of Child and Right of Visitation<\/h3>\n\n\n\n
3. Issue of Child Support<\/h3>\n\n\n\n
4. Matters Related To the Estate- Its Division and Retention<\/h3>\n\n\n\n
5. Distribution of Assets<\/h3>\n\n\n\n
6. Issue of Stridhan<\/h3>\n\n\n\n
7. Permanent Alimony<\/h3>\n\n\n\n
8. Clearing Debts<\/h3>\n\n\n\n
Conclusion<\/h2>\n\n\n\n