Couples who reach divorce agreements often assume the hardest part is over, but broad wording on parenting time, child expenses, assets and future disputes can turn today’s goodwill into tomorrow’s legal battle; this is how to draft clearer agreementLilach Einav Winehouse, Psakdin| Related TopicsCouples who manage to reach agreements during a divorce often believe the hardest part is already behind them. They have an understanding in principle about the separation, the children, the apartment and perhaps the money as well. The shared desire is to end things respectfully, without unnecessary battles and without being dragged into lengthy proceedings.But this is precisely the stage at which many mistakes are made, often because both sides want to believe the understandings between them will hold up in the future.A divorce agreement is not meant to serve the couple only on the day it is signed, but for years to come, even when relations are less calm, when new partners enter the picture, when the children grow older or when the financial situation changes.1 View gallery (Photo: Shutterstock)One of the most common mistakes is leaving clauses open-ended. For example, parents may agree to divide children’s expenses “as needed,” without defining what counts as an exceptional expense, who must approve it in advance, when it must be paid and how disagreements will be handled. At the time of signing, that may sound flexible and reasonable. In practice, the same flexibility can turn into a fight over every extracurricular activity, emotional therapy session, pair of glasses or private lesson.A similar mistake concerns parenting time. An agreement stating that the children will stay with each parent “by prior arrangement” or “according to the parties’ convenience” may work as long as communication remains good. But when tension arises, or when one parent changes jobs, moves home or enters a new relationship, general wording is no longer enough.That is why it is customary to regulate not only the regular weekly schedule, but also holidays, vacations, birthdays, overseas travel, illness, pickup and drop-off arrangements.Property issues can also become risky when the agreement relies on broad, general wording. “The parties will divide their property equally” sounds simple, but it is not always clear what that property includes: bank accounts, savings, advanced training funds, pension rights, loans, debts, vehicles, household contents or a family business. An agreement that does not detail the assets, debts and implementation dates may leave behind more questions than answers.Another common mistake is assuming that oral understandings will fill in whatever was not written down. Couples who want to separate amicably often think there is “no need to include everything in the agreement,” or that “it is clear to both of us.” Sometimes, that really does work. But once a divorce agreement is approved by the Family Court or rabbinical court, it receives binding force, and the written document becomes the central point of reference.Attorney Lilach Einav WinehouseThis is especially important because not every future difficulty will allow an approved agreement to be reopened. In many cases, a significant and relevant change in circumstances is required in order to reconsider matters such as child support or parenting time, and even then, the outcome depends on the circumstances of the case. A better approach is not to assume the agreement can simply be corrected later. The clearer it is from the start, the less room there is for fresh disputes down the line.That does not mean a divorce agreement has to be inflexible or insensitive. On the contrary, a good agreement leaves room for reasonable flexibility, but it also sets clear rules for cases in which day-to-day consent breaks down. For example, it can include a mechanism for turning to mediation before filing legal proceedings, a method for approving exceptional expenses or detailed provisions for a case in which one parent seeks to relocate.Ultimately, divorce by agreement is not measured only by the ability to separate without a war. It is also measured by the quality of the agreement that remains after the process ends. A precise agreement is not a sign of mistrust, but a way to protect the understandings reached by the parties. It allows each side to know their share, their responsibility and what is expected to happen in common situations.The clearer the terms are in writing, the lower the risk that an amicable separation will turn into a new dispute.Comments