Divorce Agreements – Common Mistakes – Part 1

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Part 1

Divorce represents a ticking time bomb that threatens society, while the divorce agreement should be a sincere and honest attempt to reduce the negative effects and consequences that threaten the “family,” as it is the most important pillar of any society. Hence, “divorce agreements” were an important foundation for aiming at addressing the repercussions and consequences of divorce, especially with regard to the rest of the parties associated with the relationship, the most important of whom are the “children” who are often absent from the scene of drafting divorce agreements, despite the fact that they are the most affected  parties, and the first to pay the price of these agreements, and the most lost party because of them, the thing that raises a lot of questions about agreements drafting, in a way that ensures reducing the “social”, “psychological” and “economic” costs of divorce, and spare society further harms, and about the criteria that control the drafting of these agreements, such as accuracy, clarity, identification and other main criteria that control the formulation of these type of agreements, divorce agreements in particular.

We refer here to the most common mistake in the drafting of divorce agreements, which is in the absence of a legal expert specializing in family dispute issues from the pre-drafting stages (negotiation and preparation), and, of course, during the drafting itself up to the final review stage. This is not only the most common mistake, but it is the most dangerous of all in the drafting of divorce agreements. 

Some people wonder if they can represent themselves (whether in the family guidance department or before the court), as this is indeed correct in some litigation stages, but the practical reality and disputes after signing divorce agreements often reveal catastrophic results, especially in financial matters, custody issues, organizing visitation rights, and keeping children’s documents. 

Some people tend to ease and haste, and sometimes some litigants are ashamed to reveal their family problems to others, including lawyers who specialize in family dispute issues, while some seek to save fees of the lawyer or legal advisor. 

However, the fact remains, that family lawyers later encounter many agreements whose terms are not free of ambiguity and complexity, whether at the stage of implementing the terms of the agreement, or at the stage of the subsequent conflict that may arise after the conclusion of the agreement. 

Even judges sometimes encounter a lot of trouble with understanding the agreements that are presented to them because of the practical difficulties that arise from the application of these agreements during the implementation stage. 

Therefore, the most important advice is to consult a lawyer who is specialized in personal status issues. 

The decision to divorce may come quickly, hasty, and even easy, while the consequences of it represent a great danger, not only to you but to the rest of your family.

Having an expert in personal status law by your side at all stages of drafting divorce agreements saves time and money for you and your family members, and protects you from future potential conflicts.