In the next section, you want to talk about the fact that you and your spouse both accept the terms of the agreement in this document (that your divorce will be indisputable); this acceptance and your reported signatures make the treaty legally binding. If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before signing it. Click here for help finding a lawyer. It is important to use what is called an enforceable document if one of the parties does not maintain its side of the agreement. It can`t just be a list of items that, with their signature, are on each item. It must meet specific requirements that vary from state to state. If in doubt, you should always consult a qualified lawyer in your state. Now it`s time to talk about money and who owns what assets and debts. Some will be common or “marital,” others will be personal or “separated.” In general, everything that belonged to or was owed to a spouse before the marriage remains his or her own separate fortune or debt.
Everything that was acquired with marital funds during the marriage is marital property, even if only one spouse used the object. Only marital property and liabilities are subject to divorce. (Of course, the distinction is more complicated than that; read “Marital Property vs. Separate Property in Divorce” for more information.) Once you`ve done all the paperwork, it`s time to read it meticulously to look for errors or omissions. Make sure it`s perfect for anyone who reads it. If your agreement is full of errors, typing errors and errors, it can not only damage the credibility of your case, but also create opportunities for misunderstanding. Consider reading a family lawyer (or paralegal in some places) before submitting your consent to the court. The court has yet to approve all agreements between the parties, especially when children are involved. Make sure that the sharing of ownership is fair and equitable for you and your spouse and that you feel that the arrangements are in their best interest for your children. This reduces the risk that the Court of Justice will reject your agreement. Pension Benefit Note: If you divide the pension (except the IRA), you must also complete a form called Qualified Domestic Relations Order (QDRO).