Divorce is a challenging journey—emotionally, mentally, and financially. You’ve put in the work, time, and money to reach an agreement with your spouse, so the last thing you want is for that agreement to fall apart because it isn’t legally sound. That’s why it’s crucial to ensure your divorce agreement is airtight and enforceable.
Why It Matters
You’ve invested so much in this process, from the emotional toll to the financial costs. All that effort can be wasted if your agreement isn’t legally binding. A solid divorce agreement protects you from future disputes and ensures that the terms you’ve worked so hard to agree on are upheld by the court.
Double-Check Everything
Mistakes happen—they’re called typos, and they can be costly. Before submitting your divorce agreement, go over it with a fine-tooth comb. Make sure every detail is correct. For example, ensure that someone else’s retirement fund hasn’t accidentally been listed under your name or vice versa. If the paperwork doesn’t accurately reflect what you agreed on, it won’t serve its purpose.
Enforceable and Legal Terms
When drafting your divorce agreement, it’s essential to include terms that are enforceable and legal. For instance, you can’t insert a clause that says if your ex introduces the children to a new partner before a certain time, you get sole custody. That’s not enforceable, and no judge will approve it. The terms need to be realistic and something a court can back up.
Consult with an Attorney
This is a step many people skip because they’re exhausted from all the discussions. But trust me, it’s worth it. Consult with an attorney—not just any attorney, but one who is mediation-friendly and offers unbundled legal services. These professionals won’t tear your agreement apart just to create billable hours. Instead, they’ll review your settlement to ensure it’s fair, legal, and enforceable.
You might need to return to mediation to tweak a few things after consulting with an attorney, and that’s okay. It’s better to make these adjustments now than to face issues later. Think of this as an investment in your future peace of mind.
Avoid Common Mistakes
Once you’re happy with the agreement and have consulted with an attorney, it’s time to get the document signed, notarized, and submitted to the court. Don’t skip this step! Here are some common mistakes to avoid:
- Skipping the Attorney Review: Even if you’ve been working amicably with your spouse, getting an attorney to review your agreement is crucial. They can help you think about the future and potential changes that might affect your agreement.
- Not Thinking About the Future: Life changes—jobs are lost, people retire, and health issues arise. If you make spousal support non-modifiable and later lose your job, you could be stuck with payments you can’t afford. Consulting with an attorney helps you anticipate these scenarios.
- Failing to Document Terms: Verbal agreements are great, but they need to be written down. If it’s not in writing, it’s not enforceable. Ensure that all the terms you agreed upon are clearly documented in your final agreement.
Take Your Time
Divorce judgments are challenging to undo, so don’t rush this step. Take an extra day or two to review everything, consult with an attorney, and make sure it’s all correct. This is your future, and it’s worth getting it right.
Need Help?
If you’re struggling with completing your divorce forms or need help negotiating the terms of your settlement agreement, I’m here to assist. While I’m not an attorney and can’t provide legal advice, I can help you prepare the forms and get them ready for court. You can also take your completed forms to an attorney for a final review.
If you need support during this process, reach out to me. I’m here to help you move forward toward your happily ever after—apart.