When you’re going through a divorce, one of the most important things you’ll need to tackle is the divorce settlement agreement.
This agreement is a legal contract that you and your spouse create to outline the terms of your divorce. It covers all the important stuff – from property division to child custody arrangements.
When you have everything spelled out in black and white, there’s less room for misunderstandings or disagreements down the line. You’ll both know exactly what you agreed to, which can save you a ton of headaches (and potentially even legal fees) in the future.
What Goes into a Divorce Settlement Agreement?
A divorce settlement agreement covers a wide range of issues that need to be resolved before your divorce can be finalized. While the specific terms of your agreement will depend on your situation, there are some key topics that we typically address.
Let’s take a closer look at what goes into a typical divorce settlement agreement.
Property Division
Missouri follows the principle of equitable distribution when dividing marital assets in a divorce.
This rule means that the court will divide property in a way that is fair and just, considering things like:
- Each spouse’s contribution to acquiring marital property.
- The value of each spouse’s separate property.
- The economic circumstances of each spouse.
- The length of the marriage.
- The conduct of the parties during the marriage.
We always recommend addressing the division of complex assets like businesses, retirement accounts, and real estate first. We want to make sure these important items are properly handled so that both spouses walk away with a fair share.
We also advise our clients to be crystal clear about who’s responsible for what when it comes to marital debts and liabilities. In our experience, it’s critical to spell this out in the agreement to avoid any surprises or arguments about money popping up after the divorce is finalized.
Child Custody and Visitation Arrangements
If you have children, it’s important to spell out the details of your custody arrangement and parenting plan in your divorce settlement agreement. This includes deciding on legal and physical custody, creating a visitation schedule, and outlining how you’ll handle major decisions about your kids’ upbringing.
Our divorce lawyers help craft detailed parenting plans that address things like:
- Legal custody (decision-making authority)
- Physical custody (residential arrangements)
- Visitation schedules
- Holiday and vacation schedules
- Transportation arrangements
- Communication between the parents and the child
We also understand that life changes, so we also make sure to bake in a process for modifying custody and visitation terms in the agreement.
Child Support Provisions
Child support is another important component of a divorce settlement agreement when you have children. In Missouri, the court looks at many factors to determine how much child support should be paid. This includes things like how much money each parent makes, what the child’s expenses are, and the standard of living they’re used to.
The court also considers the custody arrangement and how much time the child(ren) spends with each parent. Your divorce settlement agreement should spell out all the details of your child support arrangement so that everyone’s on the same page.
Spousal Support (Alimony)
If spousal support, also known as alimony, is on the table in your divorce, it’s important to clearly spell out all the specifics in the settlement agreement. The agreement should specify the type of alimony (e.g., periodic, lump sum, rehabilitative), the amount, and the duration of payments.
Factors influencing alimony awards include:
- Length of the marriage.
- Each spouse’s financial resources and earning capacity.
- Standard of living established during the marriage.
- Age and health of each spouse.
- Conduct of the parties during the marriage
The contract should also address the circumstances under which you or your spouse can terminate alimony.
How Mediation Can Help You Reach a Fair Settlement Agreement
Mediation is a great alternative to traditional divorce litigation that can help couples reach a fair and mutually beneficial settlement agreement. As mediators, our role is to facilitate open and productive discussions between you and your spouse, creating a safe space for you to work through the various issues in your divorce.
During the mediation process, we’ll guide you through all the key topics that need to be addressed in your settlement agreement, such as property division, spousal support, and child custody arrangements. Our goal is to help you find common ground and develop creative solutions that meet both of your needs.
One of the major advantages of mediation is that it allows you and your spouse to maintain control over the outcome of your divorce. Rather than having a judge make decisions for you, mediation empowers you to work together to craft an agreement that is tailored to your unique circumstances. This collaborative approach can also help reduce the stress and conflict often associated with divorce, setting the stage for a more positive co-parenting relationship in the future.
Throughout the mediation process, we’ll provide guidance and support, ensuring that your final settlement agreement is comprehensive, legally sound, and reflective of your goals for the future. By choosing mediation, you’re taking a proactive step towards a brighter post-divorce life for you and your family.
Modifying and Enforcing a Missouri Divorce Settlement Agreement
Sometimes, you might need to modify a divorce settlement agreement due to a substantial change in circumstances, like a significant increase or decrease in income, a change in the needs of the children, or the relocation of a parent.
Modifying a divorce settlement in Missouri involves filing a motion with the court and demonstrating that the change in circumstances warrants a modification. Our post-divorce modification lawyers can walk you through this process step-by-step.
Prenup and Postnup Agreements Directly Impact Divorce Settlements
Prenuptial or postnuptial agreements usually significantly impact the terms of a Missouri divorce settlement.
These contracts, executed before or after marriage, can pre-address issues like property division, spousal support, and even child custody and support.
If a valid marital agreement exists, it will generally supersede Missouri divorce law unless the courts find the contract unenforceable. Our attorneys can review your prenup or postnup, explain its implications, and ensure it’s properly considered in your divorce proceedings.
We’ll protect your interests, whether you’re enforcing an agreement or challenging its validity.
Why Hire Divorce Attorneys to Draft and Negotiate Settlement Agreements
A skilled divorce attorney is invaluable when drafting and negotiating a comprehensive and fair divorce settlement agreement.
Our legal team can:
- Ensure the agreement complies with Missouri law.
- Advocate for your rights and interests.
- Identify and value marital assets and debts.
- Develop creative solutions for complex issues.
- Review the tax implications of the agreement.
- Represent you in mediation or collaborative divorce proceedings.
We go beyond just drafting documents. We advocate for your rights and work toward the most favorable outcome in your settlement.
Common Mistakes to Avoid When Drafting a Settlement
As divorce lawyers, we see time and again how seemingly minor oversights in settlement agreements can lead to major headaches down the road.
Here are some of the most common mistakes to avoid at all costs:
- Failing to fully disclose assets and liabilities.
- Underestimating the value of marital property.
- Neglecting to address tax implications.
- Agreeing to unsustainable alimony or child support payments.
- Overlooking the need for a detailed parenting plan.
- Failing to consider future changes in circumstances.
- Not getting legal advice from an experienced divorce attorney.
Craft Your Divorce Settlement with Confidence
While they’re definitely complicated and often confusing, divorce settlement agreements shape your future.
At Raza Family Law Solutions, we’ve guided hundreds through this process, seeing firsthand how the right choices now prevent headaches later. Our team cuts through the confusion, explains your options clearly, and fights for what you deserve. We don’t just draft agreements – we craft solutions tailored to your needs. Whether you’re dealing with assets, debts, custody, or support issues, we’ll ensure nothing falls through the cracks.
Don’t let uncertainty cloud your judgment or pressure rush your decisions. Contact us today.
