Divorce is a difficult process for you, your spouse and your children. However, a well-drafted settlement agreement can prevent costly litigation, unnecessary stress and provide you with stability and structure as you prepare to move on to a new chapter in your life.
The family law team of Harrison, White, Smith & Coggins, P.C., is well-versed and highly skilled in preparing, negotiating and drafting agreements in South Carolina divorce cases.
We are available to speak with you right away about your case. We offer confidential initial consultations. Contact us today.
What Is a Settlement Agreement?
A settlement agreement is a document (sometimes referred to as a “memorandum of agreement”) that resolves all issues related to the divorce by agreement of the parties.
The agreement can describe child custody and visitation arrangements as well as child support arrangements that you and your spouse decide. It can also outline how your property will be divided or disposed of upon dissolution of the marriage and how much alimony or separation support will be paid, if any.
A settlement agreement can be very specific and outline certain compliance dates and timelines. It provides clarity to the divorce process so that there is little confusion as to what the responsibilities of each party will be in the future.
For instance, in child custody matters, it may describe who has the children on which holidays and in which years. It can describe how the parties will file taxes and who will pay which debts.
Perhaps most importantly, a settlement agreement can describe what happens when one party defaults (or does not honor the terms of the agreement).
How Is a Settlement Agreement Formed?
Settlement agreements can be created by simply having a meeting between you and your former spouse. You and your lawyer can sit down with the other side and work out an agreement that benefits both sides without even engaging in a form of alternative dispute resolution such as mediation.
An informal meeting prior to litigation can be the most effective, least stressful and most cost-efficient way to resolve the divorce dispute. Parties are still able to enter into settlement agreements after litigation has begun.
If the terms of a divorce are decided in mediation, the mediator can draft the agreement that is signed by the parties and presented to the judge at a hearing for court approval. That agreement will then take the form of a court order. This would prevent the need for a trial.
Contact Our Upstate South Carolina Divorce Lawyers
Our attorneys have the experience and knowledge to prepare and draft a solid settlement agreement that will protect your rights and interests. We know what needs to be in such documents and how to tailor the agreement to your unique circumstances. We also know how to enforce court-ordered agreements if the other side fails to live up to its terms. We will strive to achieve the best possible results for you and your family.
Please contact us today by phone or by submitting our convenient online form to arrange a meeting in which we can discuss your case. Your consultation will be held in strict confidence.