In a divorce convention, the spouses record in writing all the necessary agreements on the consequences of the divorce, such as maintenance, custody or the division of assets. The following article explains what the divorce convention in the United States contains according to the law, which agreements are necessary on the consequences of divorce without children and when the divorce convention is approved.
What is a Divorce Convention?
According to the law, a divorce convention, also known as a divorce agreement, is an amicable agreement between the spouses, which on the one hand expresses the will to divorce and includes the side effects of the divorce. In this regard, it is also about the interests of the children and the financial consequences of the divorce.
Rules for custody, visitation rights, spousal support, the division of assets, the whereabouts of the marital home and child support are recorded in writing. The agreements on children’s affairs are particularly important in the divorce convention, because the court examines them very carefully. The welfare of the child is paramount.
Which consequences of divorce are regulated in the agreement?
All consequences of divorce are regulated in the Divorce Convention, in particular the interests of the children and the financial consequences. It is better to consult with a professional divorce attorney San Diego to understand the situation properly. The Divorce Convention must contain provisions on the following aspects:
- Custody of the children
- Visitation rights regarding the children
- Child support
- Spousal support (post-marital)
- The marital property dispute (dividing of assets)
- Pension equalization (occupational pension)
When does a divorce convention make sense?
A divorce convention is an amicable agreement between the spouses and can only be filed in the event of a divorce at the joint request. In the case of a divorce by unilateral request, the consequences of the divorce are negotiated in court. Unlike the solutions dictated from outside by a divorce decree, amicable settlements of the consequences of divorce achieve better results and are sustainable because they were decided voluntarily by the parties involved.
If you want to shorten the duration of a divorce and also want to keep the divorce costs as low as possible, you should choose the path of divorce at joint request. If the court has a complete and conclusive divorce settlement, the court case will be over in 20 to 60 minutes. While the court must approve the divorce convention, this will take less time than lengthy court hearings in a unilateral divorce. To approve the divorce convention, the court examines whether the agreements are reasonable and compatible with the best interests of the child and both spouses. However, the approval of the divorce agreement is pending. There is rarely anything in the way if you have obtained legal advice in advance.
Divorce agreement only in the case of divorce on joint request?
Basically, a divorce convention is an amicable agreement between the spouses, according to which the divorce at the joint request is actually a prerequisite for the convention. However, the spouses only have to agree that they want to get divorced. However, if one spouse does not want a divorce, then it is automatically a matter of a divorce upon unilateral request, so that a divorce agreement is no longer necessary.
If the partners agree that they want to get a divorce, but do not agree on the side effects, then a divorce can be filed upon joint request. The secondary consequences that can be agreed upon are recorded in a so-called partial convention. The remaining aspects are then negotiated in court. The hurdles, costs and effort remain lower than with a divorce suit. If one of the spouses does not agree to the stipulations of the divorce agreement in court, the divorce cannot be carried out at the joint request.
Divorce convention despite disagreements
If the spouses only partially agree on the consequences of the divorce, they can indeed complete the divorce if they jointly request it, but they must file an application for clarification of the open consequences of the divorce with the court. The court then tries to find a solution during the hearing by offering the spouses a settlement proposal after explaining their positions.
Approval of the Divorce Convention
At the court hearing, the Divorce Convention is read and reviewed by the court. The judge can deny, approve, or only partially approve the divorce convention. However, the latter is only possible if the spouses agree to the omitted agreements. All points of the convention are gone through and supplemented with and possibly not considered points. In order for the agreements to be ultimately valid, the court must grant approval for the divorce agreement. However, if some points are not appropriate, the court will deny approval for the divorce convention.
If a spouse is disadvantaged by the agreements, this does not have to mean that the court refuses to approve the divorce convention. There is a certain freedom of contract. But even this has its limits. However, if an illegal wording occurred or if there is a massive imbalance, the chances are that the Convention will not be approved. In the case of children in particular, the court takes a closer look and checks whether the agreements are in the best interests of the child. The children are also heard for this purpose. The divorce decree makes the divorce agreement legally binding.
Scope and content of the Divorce Convention
The divorce application states that the spouses agree that the divorce should be completed. On the other hand, the consequences of divorce are explicitly regulated in the Divorce Convention, such as the whereabouts of the marital home, the division of assets, maintenance for a spouse after the divorce, custody, custody, visitation rights and child support. First of all, the personal details of the two spouses must be given. The surnames, first names, maiden names, dates of birth and addresses of the spouses are important for this. Parental custody and personal contact, joint parental custody and child support payments are then determined. This is followed by agreements on the family apartment, post-marital maintenance, the pension settlement, the marital property law and the legal costs.