Divorce Mediation Agreement
Divorce mediation is a peaceful and simple method to settle divorce related issues. As compared to adversarial divorce it saves time and money. The outcome of the divorce mediation is a “memorandum of understanding” or an agreement that is presented in the court to obtain divorce decree. Divorce mediation agreement is a very important document because it decides the future of the separating spouses.
The first and the most important step in divorce mediation is to look for a good divorce mediator who can help you settle divorce related issues in a tactful manner. He or she should be able to guide you towards a mutually beneficial and fair divorce agreement. If you have an expert and experienced mediator he will take care of all the important aspects of your divorce.
The divorce mediator should have proper knowledge of divorce and family laws so that the final agreement is legally correct and the court accepts it at one go. A good divorce mediation agreement should be designed with past, present, and future implications in mind. The points and clauses to be included in the agreement are of utmost consequences to the separating couple and their future.
Although the mediator will do his best to design a good divorce agreement but as beneficiaries the couple must be careful to ensure that it is perfect. It is the duty of the spouses to check and recheck the clauses and points detailed in the agreement. They must do individual analysis of the agreement and spend time in going through each and every clause. If any of the spouses feel that some point should be included, deleted, or modified, he or she should communicate to the mediator.
While the couples analyze the divorce mediation agreement they must keep a few things in mind:
The above mentioned are some basic points that must be considered while drafting a divorce agreement. However the content of the agreement will definitely differ from one case to another. Your mediator should be the best person to guide you with a good divorce agreement. You can also get it checked by a financial consultant to be reassured. Otherwise there are lots of books and content on internet that can guide you towards a perfect divorce mediation agreement.
- The agreement should clearly entail who is legally responsible for child custody. The other parent should get visitation rights and a tentative schedule of visiting should be mentioned. When it comes to deciding child support all cost of bearing the child till he is an adult should be taken into consideration.
- Alimony clauses must define the amount and duration. It is legally correct that when the other souse becomes financially independent or remarries then there is no need for paying alimony. The income tax aspect of the alimony should also be taken in consideration. The mediation agreement should clearly mention these points.
- The mediation agreement should be very elaborative about the property division of the separating couples. The property division should include tax implications as well. If the couple has debts then division of debt is also to be done. For example if the couple has taken loan to buy their marital house then who will be liable to pay the debt must be mentioned in the agreement.
- Division of insurance and retirement benefits also must find a place in the divorce agreement.
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