In most divorce agreements there are a number of standard provisions (often called “boilerplate”).
The most important of these provisions are:
1. The ability of the parties to have separate wills – this covers the right of both parties to exclude the other from their estate plans
2. Waiver of future claims – this generally says that except as written in the agreement neither party has any claim against the other.
3. Personal freedom to live your own life – this is not a restraining order but it is put into all agreements. I think it may stem back to the days when women were treated like property and needed a recitation of their ability to live on their own.
4. Completeness of this agreement – this basically says the agreement is the agreement and side deals do NOT count; so, if your soon-to-be-ex promises you something, but says he won’t put it in the agreement and to just “trust me” – don’t.
Then there should be a provision about how to handle future disputes. Are you going to require trying to mediate first? Or are you going to simply say that the court is where future … Keep reading