What Should a Woman Do In a Divorce Agreement

The first incredibly important thing a woman should do regarding any potential “divorce agreement” is to find a way to obtain legal assistance in understanding and evaluating any divorce related agreement she may be asked to sign prior to signing anything. The second critical thing to understand is that there are two distinctly different routes to divorce that may involve a “divorce agreement” type document.

The "settlement agreement" which is an offer to settle the petition for divorce through the use of a settlement agreement between the parties which would be approved by the court before an entry of a judgment of divorce.
The second is a judgment of divorce after trial and entry thereafter of a “divorce decree” which is a court ruling that summarizes the rights and responsibilities of the divorced parties and then becomes the final judgment of divorce.

Divorce Decree

The divorce decree is a document that states the basic information regarding the terms the parties have agreed upon or the court's decision. The divorce decree is usually only a few pages long but it will contain all the pertinent details of the settlement between the parties. The divorce decree outlines the financial responsibilities of each party. It dictates the division of property of the parties to the divorce. The divorce decree will name the responsible parties to the debts the couple has incurred during the marriage. It will often contain details as to the decisions regarding child support, custody, and visitation. The divorce decree is legally binding. If either party to the divorce fails to meet their obligations as set forth in the divorce decree, the other party has the right to take legal action to rectify the situation.

Settlement Agreement

A “separation agreement” is a private contract between the parties seeking to be divorced. It can regulate terms during the separation period and after the final court order of divorce. The agreement generally covers any alimony or spousal support, child support, custody arrangements if there are children, payment of bills, and management of bank accounts assets. A separation agreement may also determine the division of marital property. It cannot be enforced by a court unless one party files a petition for legal separation and/or files a lawsuit for specific performance of a contract.

Getting Legal Help

Getting divorced can be an emotionally exhausting and financially draining experience. It is important to have an attorney that can advance your respective rights and interests in every divorce related proceeding or you are likely going to be at extreme risk of being taken advantage of and of losing important legal rights and interests.

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