Settlement agreement for divorce

Settlement agreement for divorce

As part of the divorce process in court, spouses can resolve controversial issues and come to a compromise on them by concluding a settlement agreement. Its subject may be issues previously unresolved by the husband and wife regarding the general consent to divorce, the place of residence and the procedure for raising common children, the division of common property, as well as the procedure and amount of payment of alimony.

After concluding such an agreement, the parties submit it for approval by the court, which checks its content for legality. If the document meets all the requirements, the court makes a decision to approve the specified agreement, after which the divorce process is terminated, and the parties lose the right to re-examine the settled issues in court.

Conclude a settlement agreement between spouses in case of divorce through court

A settlement agreement concluded between spouses is considered to be an act signed within the framework of court proceedings, by which the parties terminate the dispute between them and eliminate the uncertainty of their legal relations by providing mutual concessions. The right to conclude a settlement agreement is granted to the parties in accordance with the Civil Procedure Code of Ukraine, as well as the Family Code of Ukraine.

A settlement agreement is a compromise reached by the spouses when resolving controversial issues in court, and not the satisfaction of the claims of one of them.

Based on the provisions, the subject of a settlement agreement during divorce proceedings in court may include the following issues:

  • about divorce;
  • about the place of residence of a minor child in common;
  • about which parent will pay child support and in what amount;
  • on the division of jointly acquired property;
  • about receiving alimony from a former spouse, etc.

Agreement between spouses upon divorce through court

The issue of divorce is considered in court in the following cases:

  • when spouses have minor children;
  • when the second spouse does not have consent to divorce or has other objections;
  • when one of the spouses evades divorce in the registry office, even despite the absence of any objections.

If, at the time of filing the claim, one of the spouses expressed his disagreement with the divorce, but during the trial he changed his mind, then the general agreement to dissolve the marriage may become the subject of a Settlement Agreement concluded by the spouses.

Agreement on determining the child’s place of residence

A settlement agreement can resolve the issue of determining the child’s place of residence and the conditions of his mutual parental support, as well as the payment of alimony.

Decisions made by parents regarding the residence and maintenance of the child must be in the interests of the child, otherwise the court must reject the deal and resolve these issues independently.

So, if the parties have reached a compromise on these issues, then the following regulatory information should be included in the settlement agreement:

  • place of residence of the child with one parent, indicating the full address of residence;
  • the procedure for resolving issues of upbringing, education, treatment and health improvement of a child;
  • the procedure for the payment of child support by one of the parents, indicating the deadlines and amounts for their payment, as well as the sources from which they will be paid;
  • the procedure for visiting and meeting a child with parents living separately;
  • issues of joint recreation, holidays, etc.

Agreement on the division of common property of spouses

The division of jointly acquired property may also be the subject of a settlement agreement concluded by spouses during a divorce. When signing it, spouses must take into account that:

  1. As a general rule, spouses’ shares in common property are considered equal. However, by agreement, spouses can determine any particle size, deviating from the generally accepted principle of their equality.
  2. The parties can determine not only the parts of the property, but also make a substantive division of the jointly acquired property, indicating to whom and what property is transferred, who receives compensation, in what amounts, and in what order it is paid.
  3. A settlement agreement on the division of property cannot concern the interests of third parties (for example, creditors). If it affects the rights of third parties, the court has the right to separate this claim into separate proceedings.

Example

Since D and P had two minor children, their divorce had to be done through the courts. Simultaneously with the demand for divorce, P demanded that the jointly acquired property be divided and, in the interests of the children, to deviate from the equality of shares in the property and to award her a larger share of the common property.

However, in the process of negotiations with her husband, they came to a compromise on controversial issues and entered into a settlement agreement, which they presented to the court. It established that the division of property between K and P was carried out in equal shares. Since the agreement was not inconsistent, the court approved it and dismissed the case.

The procedure for concluding a settlement agreement in case of divorce by court

The conclusion of a settlement agreement is allowed at any stage of the divorce process – from the moment the statement of claim is filed until the moment the judge retires to the deliberation room. Until this point, the parties must submit the drafted agreement for consideration by the court.

In any case, the transaction is drawn up in several copies – one for each of the parties to the transaction, as well as for the court.

When concluding such a document, spouses are advised to follow the following procedure and recommendations:

Conducting negotiations and preparing documents. Before concluding a “settlement agreement,” the spouses negotiate each of the disputed terms on which they plan to reach a compromise.

To improve productivity, it is recommended to use advisory legal services and lawyers. The preparation of the text of the document for the most competent drafting should also be entrusted to a lawyer.

Submission of the settlement agreement to the court. To bring a settlement agreement into the case, the parties must file a motion for its approval. After this, the court checks its content for any disputes with current legislation, as well as for affecting the interests of third parties. If such conditions exist, the court returns the document for revision to the parties.

Approval of the settlement agreement. After checking the contents of the document for inconsistencies, the court makes a ruling that approves the Settlement Agreement and at the same time terminates the proceedings. It must also state the terms of the document approved by the court. Such a determination may be appealed to the appellate authority within 30 days from the date of its adoption by filing an appeal.

Sample Settlement Agreement for Divorce

The settlement agreement must be in writing. At the same time, any specific requirements for its content, other than an approximate list of issues discussed in it, are not provided for by law.

Based on this, the settlement agreement is drawn up in any form, but this in no way detracts from the requirement for its legal literacy.

Judicial divorce practice allows us to highlight the aspects and conditions that need to be taken into account when drawing up a settlement agreement in case of divorce, and therefore the document must include:

  • name and address of the court, full name of the judge, personal data of the plaintiff and defendant, as well as the number of the case that is being processed by the specified judge;
  • an indication of the conclusion of an agreement by common consent in order to end the dispute on the terms determined by the parties;
  • place of residence of a common minor child, if there is one, with one of the spouses, conditions for keeping, raising and visiting the child;
  • determining the amount and procedure for fulfilling child support obligations;
  • conditions for the division of jointly acquired property;
  • the procedure for distributing legal costs in shares or a fixed amount;
  • consequences of refusal to voluntarily execute a document;
  • number of copies and documents attached to the agreement.

The document is confirmed by the signatures of the parties, after which it is subject to approval by the judge.

The document is confirmed by the signatures of the parties, after which it is subject to approval by the judge.

After checking the content of the submitted draft document for its compliance, the court issues a ruling that approves the Settlement Agreement. By making this ruling, the court simultaneously terminates the divorce proceedings.

The determination must indicate that repeated appeal to the court by the same parties on the same dispute on the same subject and on the same grounds is unacceptable. Thus, if the agreement is approved and the appropriate determination is made, the divorce process is finally terminated.

If the transaction is not approved due to its inconsistency, the court makes an appropriate determination about this, after which it continues to consider the divorce case on the merits.

Questions from our readers and answers from a consultant
Within what period and where can one appeal a decision to refuse approval of a settlement agreement?
Is a settlement agreement on the payment of alimony concluded in court subject to notarization?

Conclusion

The right of spouses to conclude a Settlement Agreement as part of the divorce process allows them to resolve all controversial issues amicably. In this case, the role of the court is reduced to approving the drawn up document, which also provides for verification of its legality, compliance with the interests of the minor child and third parties. Only if all these conditions are met, the agreement is attached to the case and becomes the basis for closing the proceedings, otherwise the court is obliged to resolve all controversial issues independently.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a divorce settlement.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your divorce settlement case will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance regarding a settlement agreement in case of divorce.

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

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Take the first step towards your victory in your legal case regarding a divorce settlement, call or write to a lawyer and you will receive answers to all your questions.

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