Divorce Guide

Divorce Guide

Divorce Mediation Agreements

Divorce by mediation is gaining popularity as mediation is a peaceful way to settle disputes in divorce. With the help of the mediator the spouses reach a common agreement over issues that are involved in their divorce. The final agreement is known as divorce mediation agreement. This agreement is really crucial for the future of the divorced couples in many aspects. Thus the agreement should be drafted with lot of care.

Divorce puts a lot at stake. In a married relationship two people share and generate common resources. And when they get divorced they split for all the practical purposes. Thus in case of divorce all the property, asset, cash, debt, and liabilities that is jointly owned by the spouses have to be divided. All major and minor aspects of marriage should be covered in the divorce agreement.

If the couple has children then the child custody and visitation rights find the prime place in the agreement. One parent will get the legal custody of the child while the other gets the visitation rights or a schedule when he or she can meet the child. There should be complete clarity in the agreement regarding all these aspects.

The final divorce agreement should include all the possible details related to the couple’s separation. It would be better if the couples sit together and make a checklist of issues to be included in the agreement before starting the process of mediation. This would ensure that the final agreement is complete and covers every aspect. Whether it is insurance, educational and miscellaneous expenses of the child, gratuity benefits, cost of living expenses, and all other sundry details should find a place in the agreement.

If the couple wants a solid divorce agreement then they should select a good mediation service. Only a trained and experienced mediator can facilitate a good agreement that is fair and mutually beneficial for the couples. While drafting the divorce agreement the legal aspect should also be kept in mind. A divorce mediation agreement should be legally correct. Every state in USA has different set of laws for family and divorce. Each clause in the mediation agreement should legally right. To avoid any legal incorrectness the couple can get the agreement verified by an attorney.

A good divorce agreement will not only be restricted to present but will be drafted with future in mind. For example if one spouse is paying alimony to the other then it should be mentioned that in case the spouse gets remarried he or she will stop receiving the alimony. This is one simple example; there can be many more clauses that will need modification in future.

The role of the mediator is very important in creating a good divorce mediation agreement. The mediator should be able to guide the couples in such a way that each can think about their benefits without being selfish. No agreement can be done without negotiation but the role of the mediator is to encourage a healthy negotiation.

The success of divorce mediation agreement depends on the cooperation of the couples and the expertise of the mediator.

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