NBI Seminar: Settlement Agreements
I recently had the great opportunity to lead (perhaps “teach”) a continuing legal education seminar hosted by the National Business Institute (a.k.a. NBI, see here). The subject was “Divorce Procedure & Settlement Agreements” and I had opportunity to speak on four main topics in particular: Client Screenings & Case Strategy, Filings & Pleadings (with Sample Language), Discovery, Lay Witnesses & Experts, and Alternative Dispute Resolution.
Although NBI published the materials, I retain the ownership of the portions I wrote, which I will post here in this blog.
Copied below are the materials I wrote for the section entitled “Settlement Agreements.”
Thanks!
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V. Settlement Agreements
As with most forms of litigation, settlement is always an option as an alternative to going to a hearing. Settlements, of course, often satisfy neither party, but they put the parties in control of their own destinies and avoid the risk of a hearing.
The typical property settlement agreement includes the following:
- dates of marriage and separation;
- the grounds for the divorce;
- jurisdiction;
- a statement pf the intention of the parties to settle;
- acknowledge or waiving disclosure of information;
- acknowledgment of representation (or lack thereof);
- that the agreement is to be incorporated into a decree (and not merged);
- acknowledgment to be separate and apart and to release one another of anything not mentioned on the agreement (including any responsibility to the other);
- division of assets and liabilities (what will and will not be divided, how, and when);
- is a QDRO necessary?
- provisions or waiver of alimony, alimony pendente lite;
- provisions regarding inheritance, health insurance, life insurance, retirement beneficiary;
- provisions for attorney’s fees;
- mutual cooperation (e.g.: executing documents);
- standard contract language (default/breach, integration, choice of law, etc);
- tax waiver;
- What about child custody, college tuition, child support, or provisions for adult children?
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