During the divorce process, both parties will typically need to complete many types of significant paperwork. Fortunately, at Koontz Law, Attorney Koontz is here to help you navigate any agreements required.
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Each type of agreement Koontz Law can help with is outlined below:
A separation agreement is a contract pursuant to which spouses agree to live separate and apart. Separation agreements can be executed at any time during separation but are not required. Property settlement agreements similarly provide for a division of the real estate, personal property, financial accounts and martial debts. Most often, separation and property settlement are addressed in the same agreement.
A few things to note about both types of agreements include:
In order for a separation and property settlement agreement to be valid, the agreement must be in writing, executed by both parties, and acknowledged before a notary.
Modification of a separation and property settlement agreement can only be accomplished with a later written agreement executed in accordance with the modification terms of the prior agreement.
Parties may also agree to waive certain claims in a settlement agreement, such as post separation support or alimony. However, if the agreement includes terms for child custody and child support, the agreement will not prevent one of the parties from filing a court action (law suit) for child custody or child support even after a settlement agreement has been executed.
A prenuptial or postnuptial agreement is a contract between two people contemplating marriage; whereas, a postnuptial agreement is a contract between tow people who are already married. In order to be a valid agreement, the contract must:
Be in writing
Signed by both parties
The parties can contract concerning property rights, rights to control and manage property, disposition of property upon separation or divorce, spousal support rights upon separation or divorce, ownership and disposition of life insurance benefits, and any other personal rights and obligations which are not in violation of public policy or the law.
A divorce agreement becomes binding once it is written, signed by both parties, and notarized. After signing, the agreement is submitted to the court for approval, where a judge reviews it to ensure fairness and compliance with legal standards. Once the court approves and validates the agreement, it becomes legally enforceable. This process ensures that both parties are held accountable to the terms agreed upon, providing a clear and enforceable resolution to the divorce proceedings.
Detailed and fair divorce agreements are essential to ensure that both parties have a clear understanding of their rights and obligations, reducing the potential for future conflicts. These agreements help protect your assets, financial stability, and personal rights by outlining specific terms for property division, spousal support, and child custody. By working with an experienced attorney, you can ensure that the agreement is comprehensive and equitable, providing a solid foundation for moving forward. A well-crafted divorce agreement promotes a smoother transition and minimizes stress during a difficult time.
At Koontz Law, we are dedicated to excellence. Attorney Koontz brings her passion for law and helping her community, her experience working with clients going through the divorce process, and her knowledge of both state and federal processes to the table during all of her legal services. To schedule a consultation concerning legal agreements, contact Koontz Law.
To contact us for a consultation, call us at (336) 751-6235 or click the button below to contact us online.
For more information on legal agreements, or to schedule a consultation, call us at (336) 751-6235 or visit our contact page.
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