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Best practices for a divorce settlement agreement

Some people in Virginia who get a divorce may still remain connected either because they have children together or because they share a financial connection like a business or real estate. If this is the case, it is critical that each person understand the divorce settlement agreement and that it is written in a way that does not allow for misinterpretation.

Former spouses are not always in a contentious relationship with one another after the marriage has ended, and in some cases, one might do a favor for the other. However, such a favor does not set a legal precedent. The divorce settlement agreement overrides other arrangements. The best practice is to avoid deviating from the agreement at all times even if it might occasionally be to a person's advantage to do so.

When drafting the agreement, a person should question anything about that they do not understand or believe is unclear. Even though the attorney may handle the legal side of things, people are the best experts on their own relationships and may have valuable input to offer. If the divorce agreement is sound, it may not always be necessary to retain an attorney if the couple must return to court about an issue, but if there is any doubt, a person might want to speak to a lawyer.

There may be a number of other items to be dealt with before a person is ready to create and sign off on a divorce agreement. For example, most property is unlikely to be shared after divorce and will be divided. In an uncontested divorce, people might be able to negotiate these points with the assistance of their attorneys without going to court. Mediation might also be a path toward resolution and can be useful even if the case does ultimately end up in litigation.

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