What to Know About Informal Divorce Agreements

Posted on: 28 April 2019

An informal divorce agreement can be confusing for most couples going through separation and divorce. This type of agreement is generally one made between the spouses and does not involve family lawyers. It can include child custody, payments, separation of property and other aspects of the divorce. Before you move forward and try to use your informal agreement for a self-handled divorce, there are some things both parties should know. Here are a few key points about the informal divorce agreement and what to know about each point.

Legally Binding

The first thing you need to know about an informal divorce agreement is that they are not legally binding. You and your spouse may agree on the key points of the agreement, but if that changes later, you would not have any legal backing. For example, you may agree today on who keeps the cars or home. In several months, if you or the other spouse decides you no longer like that agreement, you may find it difficult to change it since it was not legally binding or filed properly with the courts. 

Financially Binding

A misconception with informal divorce agreements is that a financial agreement only needs to be stated. The truth is, financial documents need to be filed in addition to regular divorce agreements. This is due to financial agreements concerning different aspects including bank accounts, homes, cars and insurance policies. In order for your informal agreement to become legal, you would need to have not only the divorce agreement drawn up to legal standards and filed but also the financial agreements drawn up for each aspect of the finances. 

Undocumented Settlements

When you create an informal divorce agreement, you may think you have everything covered. You may believe that you have discussed every aspect and possible settlement. The truth is, you may be leaving out certain aspects of the divorce. This means you could have issues with the divorce during processing. For example, other papers may need to be filed which can cause delays in the process. To avoid these delays, use a professional family lawyer to ensure all of your divorce points are covered. 

When you are ready to discuss your informal divorce agreement with your family lawyers, schedule a consultation appointment. They can look over the agreements and make sure that all documents necessary are filed. They can also answer questions you may have regarding the process of making your agreement legally binding for your divorce.