Divorce Settlement Agreement Checklist

If you are expecting a child or have children and you are getting a divorce/dissolution, use the following checklist of options to make sure your divorce/dissolution decree has provisions included which will protect your child’s future.

Custody Arrangements:

?          Sole Custody

?          Children’s Rights

?          Parent’s Rights

?          Future Change in Circumstance

Joint Custody

?          Children’s Rights

?          Parent’s Rights

?          Guidelines for Parent’s

?          Schedule

?          Legal Residency

?          Transportation

?          Future Change in Circumstance

Visitation

?          Guidelines for Parent’s

?          Schedule

?          Transportation

Interference Prohibitions

?          Interference with Custody of child

?          Interference by Parent with Parental Rights of Spouse

Removal from State

?          Prohibition Against Both Parents

?          Prohibition Against Custodial Parent

?          Child Removal Permission

Child Support

Length of Time to Pay

?          Indefinite Term

?          Limited Term

?          Waiver for Income Tax Deduction

Periodic Payments

?          Collection through Income Withholding

?          Posting of Bond to Ensure Payment

Medical or Dental Expenses for Minor Children (uninsured)

?          Ordinary Expenses

?          Extraordinary Expenses

Child over Age of Majority

Arrearage of Record

Alimony/Maintenance

Length of Time to Pay

?          Rehabilitative (set time limit or set circumstance such as until re-married)

?          Indefinite

Adjustments

?          Automatic Increase/Reduction

?          Automatic Cost of Living Increase

?          Temporary Abatement

?          Deferral of Payment

?          Limitations

Property Division

Division of Property

?          Real Estate

?          Residence

?          Other Real Estate

?          Household Items and Personal Effects

?          Deferred Compensation; pension, profit sharing, retirement plans

?          Life Insurance

?          Vehicles

?          Cash and Deposit Accounts

?          Stocks, Bonds, and Securities

?          Business and Professional Interests

?          Miscellaneous Assets

?          Cash Settlement Payments

?          Property not Subject to Division; marital property

Sale of Property and Division of Proceeds

Equal Division of Net Joint Assets and Joint debts

Timing of Property Transfers Due to Tax Consideration

Debts and Liabilities

Current Responsibilities; hold harmless protection

Future Responsibilities

After-Acquired Debts

Credit Cards and Charge Accounts

Bankruptcy Protection

Insurance

Life Insurance; children and adult

Health Insurance Conversion/Continuation; former spouse

Other Insurance; health, accident, disability, vehicle, homeowners/renters, personal property and personal liability umbrella

Taxes

Dependency Exemptions (IRS automatically gives to custodial parent unless they sign a wavier giving the exemption to the non-custodial parent)

Filing Joint and Combined Tax Return

Cost of Tax Return Preparation

Estimated Income Taxes

Current Income Taxes

Capital Gains Taxes

Tax Refunds

Tax Deficiency Assessments with Indemnification and Hold Harmless

Tax Co-operation

Future Exchange of Tax Returns

Savings Clause; support set-off and other remedies for tax determination

Miscellaneous Provisions

Grounds

Effect of Pre-existing premarital, post-marital and non-marital partnership agreement

Nature of Agreement

?          Voluntary Execution

?          Complete Agreement

Attorneys; advise and free

?           Nature of Representation; one party only

?          Advise rendered

?          Fees and Disbursements

?          Contribution by Other Party

Financial Disclosure Covenants

Execution of Documents

Personal Restraining Provisions

?          Personal freedoms

?          Other Freedoms

Legal Surname

?          Resumption of Former Surname

?          Assumption of New Surname

Religious Dissolution or Annulment

Dispute Settlement Procedures

?          Direct Communications

?          Mediation

?          Arbitration

Future Jurisdiction, Venue and Choice of Law

Security Devices

?          Life Insurance

?          Life Insurance Trust

?          Claims Against the Estate

?          Signed Agreements of Income; in blank and unexecuted

?          Security Interest for Payments

?          Lien/Charge Against Real Estate