If you separate and want to get a divorce, good agreements will have to be made. These agreements between you and your ex-partner must be recorded in writing in an important document: the divorce agreement. You can have this document drawn up and recorded by a professional mediator, civil-law notary or divorce lawyer from Q Scheidingsadviseurs.
The divorce settlement: a contract between you and your ex-partner
A divorce settlement is basically a contract. It is an agreement between you and your ex-partner. The written agreement contains all kinds of important agreements regarding the divorce. This includes agreements about the division of the estate, your joint owner-occupied home, alimony and pension.
If you have children who are minors, it is also a legal requirement that good agreements are made that have to do with the children. This so-called parenting plan then states, for example, which parent has the children and when. Both the divorce agreement and the parenting plan are two documents that must be sent with the petition to the court to request the divorce. It is not mandatory to draw up a divorce agreement. An alternative is that you make agreements yourself and have them recorded in a document. In this situation, this document alone is not legally valid.
Content of the covenant: what does the divorce covenant contain?
With the divorce agreement you have a document that is required when submitting a request to separate. The contents of this document are all the agreements you want to make with your future ex-partner on various topics, such as:
- The house (will one of you continue to live in the house or will the house be sold)
- The children (where will the children live, access arrangements, alimony, etc.)
- The distribution of the household effects (Who gets the jazz collection, car and collection of trains in the attic?)
- The distribution of finances (assets and debts, what will happen to subscriptions and insurance)
- The distribution of the pension
- Possible partner’s pension
Do it yourself or get help: who draws up a divorce agreement?
How you come to good agreements is actually up to you. If you can consult, communicate and get along well with each other and can also make good agreements independently, it is possible to arrange everything yourself. Online divorce is therefore a suitable solution.
Is there discussion on a number of topics? Do you need some more help with making appointments? Would you like to discuss the parenting plan? Then engaging a professional mediator is a good decision. When you have communication problems, conflict or even threaten to get into a divorce, it is no longer possible to get a quick and cheap divorce. In this situation you need a specialized divorce lawyer. Visit the Q Divorce Advisors website for more information and help with divorce.
When you have submitted the divorce request to the court, the divorce agreement will be ratified by the court. Once this has taken place, the agreements are enforceable without the intervention of the court. If you disagree on certain topics in the future, the agreements can be enforced.
When you get a divorce, you always need a specialized lawyer. This divorce lawyer will apply to the court for the divorce request. A lawyer also often helps to properly record the agreements in the divorce agreement. As described above, it is also possible to record agreements in a document yourself, but you can also ask a notary or mediator for help.
In the petition, the lawyer can submit to the court and request that the divorce agreement be part of the decision. This gives the divorce agreement what is known as an enforceable title. The agreements are thus legally established. In the event of non-payment of spousal maintenance, for example, a bailiff can be engaged.
Do you and your future ex-partner support the agreements and content of the divorce agreement? Then the divorce application can be submitted to the court. Most divorce filings made jointly can be completed quickly. When a unilateral request is submitted by one party, the divorce proceedings can often take a long time.
Application for a mortgage and a divorce agreement
When you apply for a new mortgage, for example to buy out your ex and take over the mortgage or to finance a new home, you must always submit the divorce agreement as an extra document. It is irrelevant whether you pay alimony or not. The lender wants to know which agreements have been made. Tip: it is good to take into account the fact that when you have to pay alimony or when a pension is going to be divided, this means that the financial options may be disappointing. The maximum mortgage is lower because of these obligations. Calculating an independent mortgage is useful to have done.
Mediator or notary for divorce agreement
Do you need a mediator or notary to draw up a divorce agreement? These professionals can always determine their own rates and compensation. Therefore, ask for quotes in advance and compare the costs. With a solution from Q Scheidingsadviseurs you benefit from fixed and favorable rates. Q’s mediators and lawyers can help you draw up a divorce agreement or make new agreements about finances or children if you are already divorced.