Divorce by agreement is a legal process in which both spouses agree on all conditions related to the termination of marriage — without the need for a prolonged and expensive family law proceeding. Unlike contested divorce, where the court determines the terms, in divorce by agreement you control the final outcome.

A divorce by agreement must cover several vital areas: children's rights (custody, residence, visitation rights), division of joint property, financial claims (alimony, pension, assets), tax liabilities, and additional legal requirements. Every detail must be explicit and clear to prevent future disputes.

In recent years, more couples are choosing the agreement route to maintain privacy, reduce legal costs, and reach a solution satisfactory to both parties. However, it is important to understand that such an agreement must be legally precise and protect your rights fully.

Why Do You Need an Experienced Family Law Attorney in Divorce by Agreement?

Although the process may seem simpler than contested divorce, it still requires deep legal knowledge. An experienced family law attorney will ensure your agreement protects all your rights, that the terms are fair and legal, and that you are not giving up anything important without being aware of it. Additionally, an attorney can guide you through the following steps: filing a petition with the court, meeting legal requirements, and obtaining final approval.

Core Areas Covered in the Agreement

A divorce agreement by consent must cover several essential legal areas. Each one impacts your life and your future after the divorce:

1. Children's Rights and Parental Responsibility

If you have children, the agreement must clearly define:

• Custody: Who will have exclusive or joint custody? Joint custody means both parents share in making important decisions in the child's life.
• Residence: Where will the child live most of the time? How many nights per week will he/she spend with each parent?
• Visitation Rights: What visitation rights will the non-custodial parent have? How many times per week, during holidays and on birthdays?
• Education and Health Expenses: Who will bear the costs of tuition, medical care, and extracurricular activities?
• Child Support: Is monthly child support payment required? How much? Until what age?

2. Division of Marital Property

The division of marital assets is one of the most sensitive issues in divorce. The agreement should detail:

• The Family Home: Who will remain in the home? Will it be sold? How will the equity be divided?
• Bank Accounts and Investment Portfolios: How are funds accumulated in joint accounts divided?
• Vehicles: Who will receive the vehicle? Or will it be sold and the proceeds divided?
• Pension and Insurance: How are pension fund rights divided? Is there joint life insurance?
• Debts: Who will bear joint loans or credit card debts?

3. Monetary Claims

In addition to property division, one party may be entitled to additional monetary claims:

• Spousal Support: In some cases, one spouse may be entitled to monthly payments from the other spouse (based on income and financial situation).
• Maintenance Support: If one spouse focused on family expenses while the other advanced their career, they may be entitled to compensation.
• Legal Fees: Who will pay for the legal proceedings costs?

4. Legal Requirements and Documentation

The agreement should also contain:

• Accurate personal details of both spouses.
• Marriage date and separation date (if applicable).
• A statement that this agreement is by mutual consent of both parties without coercion.
• Signatures from both spouses (sometimes with witnesses or in the presence of an attorney).
• Court approval.

In recent times, we have seen many cases of couples signing divorce agreements without adequate legal counsel, which has led to significant problems in the future. Here are the most common mistakes:

1. Agreeing to unfair terms without understanding the consequences

Some people agree to terms in order to quickly get through the process, without realizing that they are waiving important rights. For example, agreeing to alimony payments that are too low or an unfair property division. An attorney will be able to explain the implications of each term and ensure that you are making an informed decision.

2. Lack of clear definition of children's rights

Many agreements contain ambiguous terms regarding children's rights. For example, "reasonable visitation rights" is not sufficient — you need to specify exactly how many hours per week, on certain days, and how holidays are divided. Without a clear definition, future disputes may arise.

3. Failure to address forgotten assets or liabilities

Sometimes, an agreement includes only major assets (the house, the car) but forgets smaller assets, secondary bank accounts, or unclear liabilities. This can lead to financial problems in the future. It is important to make a complete list of all assets and liabilities.

4. Failure to consider tax implications

Division of certain assets may have significant tax implications. For example, the sale of a joint home or transfer of shares. An attorney specializing in family law will be able to guide you regarding these implications.

5. Failure to account for possible future changes

Life changes. If you set a fixed alimony amount, what will happen if your income changes in the future? The agreement should include clauses that address possible future changes, such as changes in income, unexpected health costs, or changes in family status.

David Wasserman Law Office helps you navigate all these mistakes and ensure that your agreement is complete, fair, and protects your rights in the long term.

When it comes to divorce, there are two main ways: by agreement or by lawsuit. Each has its own advantages and disadvantages, and it is important to understand the differences in order to choose the right way for you.

Divorce by agreement is generally the best choice if both spouses are willing to invest time in reaching a fair agreement. It is faster, cheaper, and more confidential. However, it is important that each party receives independent legal counsel to ensure that the terms are fair.